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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHUTOSH KUMAR
Yogendra Singh, Son of Late Shri Bhanwar Singh – Appellant
Versus
Baid Finserv Limited, Through Managing Director/Authorized Officer – Respondent
JUDGMENT :
ASHUTOSH KUMAR, J.
1. The present civil first appeal has been filed against the order dated 14.08.2025 passed by learned Additional District Judge No.6, Jaipur Metropolitan-II (hereinafter referred to as learned 'trial Court') in Civil Suit No.55/2025, whereby, the plaint filed by the appellant for partition, declaration and permanent injunction has been rejected on an application filed on behalf of the defendant-respondent No.1 under Order VII Rule 11 read with Section 151 CPC, on the ground that it was barred by the law as per provisions of Sections 34, 35, 13(2), 13(4) and 17(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the ‘Act of 2002’).
2. The plaintiff-appellant sought the following reliefs in the suit filed by him:-
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1- fd og fookfnr lEifRr ,lh 4 xk;=h lnu] lokbZ t;flag gkbZos cuhikdZ t;iqj dk foHkktu tfj;s ehVl ,.M ckm.M~l ls djkdj viuk 1@3 fgLlk izkIr dj ys o mldk dCtk izkIr dj ysA
2- fd izfroknh la[;k&1 us lEifRr fLFkr ,-lh 4 xk;=h lnu] lokbZ t;flag gkbZos cuhikdZ t;iqj dk lkE;qDr ca/kd fd;k gS mldks o eqdkcys oknh voS/k] 'kwU; ,oa okbZM
Civil Courts retain jurisdiction over partition disputes despite the SARFAESI Act barring jurisdiction in matters concerning measures taken by secured creditors.
2002 Act ousts Civil Court's jurisdiction, injunction requires three tests to be met.
Rejection of plaint - Grant of interim protection would not preclude Civil Court from entertaining an application for rejection of plaint as it can be entertained at any stage of suit
The court ruled that an injunction cannot be granted if an equally effective legal remedy exists, especially under statutory provisions, prioritizing access to the Debts Recovery Tribunal over injunc....
Civil courts retain jurisdiction for developer's suit declaring agreement rescission and mortgage non-binding, as such reliefs fall outside DRT's recovery jurisdiction under RDB Act; no partial plain....
Point of law : Tribunal may be embarrassed, on the ground of lack of authority, to completely remedy the wrong done to the person who had applied under Section 17 of the Act of 2002 to establish that....
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