JUDGMENT

Avneesh Jhingan J. (Oral) - Housing and Urban Development Corporation Limited (HUDCO) has filed the present civil revision petition being aggrieved of order dated 31.07.2018 passed by Additional Civil Judge (Sr. Division), Rupnagar (for short 'trial Court') dismissing the application filed under Order VII Rule 11 of CPC seeking dismissal of suit filed by respondent/plaintiff (herein referred as respondent).

2. In brief, the facts of the case are that the petitioner initiated proceedings under Securitization & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 (in short 'the Act') by issuing notice to take symbolic possession of the property in dispute. The case of the petitioner is that a housing loan was availed by the respondent and the disputed property was given as a security to secure the loan. As there was a default in payment of loan, proceedings under Section 13 of the Act were initiated.

3. Aggrieved of the notice under Section 13 (4) of the Act, the respondent filed a suit for declaration. Upon notice, the petitioner filed a written statement. During pendency of the suit, an application was moved under Order VII Rule 11 for dismissal o