JUDGMENT

Sudhir Mittal, J. - The petitioner-Bank is the defendant in the suit. It filed an application under Order 7 Rule 11 CPC for rejection of the plaint which was allowed by the Civil Judge (Junior Division) Phagwara vide order dated 15.10.2018 (Annexure P-11). The plaintiffs preferred an appeal against the said order and the same was allowed by learned Additional District Judge, Kapurthala vide order dated 29.11.2019 (Annexure P-1). This order is under challenge in the revision petition.

2. Certain relevant facts need to be elucidated. The plaintiffs wanted to construct a hotel in their own property. They approached Punjab & Sind Bank, Phagwara Branch for a term loan of Rs.3.5 crores and the same was sanctioned vide letter dated 17.09.2010. In the year 2011, the plaintiffs entered into a collaboration agreement with Clarks Inn Group of Hotels and this led to plans for construction of a 3 Star hotel. This required additional funds and the plaintiffs contacted the petitioner-Bank for a loan of Rs.6.5 crores as the total projected requirement of funds was Rs.10 crores. Vide letter dated 05.08.2013, the loan was sanctioned. The sanction was based upon the willingness of Punjab & Sin