JUDGMENT :

In this Civil Revision Petition under Article 227 of the Constitution of India, the petitioner, Punjab National Bank, has put to challenge the order, dated 26.08.2019, passed by the learned Civil Judge No. 1, Kamrup (M), Guwahati, in Title Suit No. 323/2014. It is to be mentioned here that vide the impugned order, the learned Civil Judge No. 1, Kamrup (M), Guwahati, had rejected the petition No. 805/2015, filed by the petitioner under Order VII Rule 11(d) of the Code of Civil Procedure read with Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

2. The factual background leading to filing of the present petition is briefly stated as under :-

“The respondent No. 1, Dr. Bhaben Chandra Baishya, being the plaintiff, instituted a Title Suit No. 323/2014, seeking declaration of his right, title and interest over the suit property and also seeking a declaration that there is no valid and genuine mortgage of the suit property created by respondent No.2 Shri Partha Pratim Das. It is to be mentioned here that the respondent No. 2, Shri Partha Pratim Das (defendant No. 2 in the Title Suit), has availed a term loan fr