Civil Courts retain jurisdiction to hear fraud allegations only when not covered by the DRT's jurisdiction in SARFAESI Act cases.

JUDGMENT :

Vikram Aggarwal, J.

CM-16984-CII-2025

Prayer in the present application, preferred under Section 151 CPC , is for placing on record the final report dated 20.03.2025 submitted under Section 173 Cr. P.C. as Annexure P-12.

For the reasons mentioned in the application, the same is allowed. Final report dated 20.03.2025 is taken on record as Annexure P-12.

The Registry is directed to place the same at an appropriate place on the case file.

CR-1543-2019

The instant revision petition assails the judgment dated 19.12.2018 (Annexure P-9) passed by the Court of Additional District Judge, Jalandhar, dismissing the appeal against the order dated 19.11.2018 (Annexure P-7) passed by the Court of Civil Judge (Jr. Divn.), Jalandhar, vide which the application filed by the respondent-defendant bank under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (for short the ' CPC ') was allowed and the plaint was rejected.

2. The facts, as emanating from the revision petition, are that a suit (Annexure P-1) was instituted by the petitioner-plaintiff (Atam Parkash), praying for the following relief:-

'It is therefore respectfully prayed that a decree for Declaration to the effect that the letter of guarantee/Guarantee Deed shown to be dated 02.02.2015 alleged to have been executed between plaintiff and defendant in respect of sale deed bearing document No. 9145 dated 28.01.1974 duly registered with the Sub Registrar, Jalandhar of the property bearing No, 780/16 measuring 10 Marla 26 Sq. Ft Approx comprised in Khatauni No. 347, Khasra No, 23489/20294, /911 (1-3) situated in Mohalla Gopal Nagar, Jalandhar owned by the father of the plaintiff is result of fraud, fabrication and forged one and is illegal, false, null and void and not binding upon the rights, title and interest of the plaintiff/father of the plaintiff namely Tarsem Raj (since deceased) in respect of the property mentioned above may kindly be granted in favour of the plaintiff and against the defendants. A decree for the declaration to the effect that the supplemental letter of mortgagor confirming deposit of title deeds through constructive delivery shown to be dated 02.02.2015 in respect of Power of Attorney bearing document No. 2067 dated 27.08.2004 duly registered with the Sub Registrar, Jalandhar and Sale deed bearing Document No. 9145 dated 28.01.1974 duly registered with the Sub Registrar, Jalandhar of property bearing No. 780/16 measuring 10 Marla 26 Sq. Ft Approx comprised in Khatauni No. 347, Khasra No. 23489/20294, /911 (1-3) situated in Mohalla Gopal Nagar, Jalandhar is a result of fraud, fabrication and forged one and is illegal, false, null and void and not binding upon the rights, title and interest of the plaintiff/father of the plaintiff (since deceased) in respect of the property mentioned above may kindly be granted in favour of the plaintiff and against the defendants.

AND

A decree for Permanent injunction restraining the defendant from taking the possession and from alienating the property bearing No. 780/16 measuring 10 Marlas 26 Sq. Ft. Approx comprised in Khatauni No. 347, Khasra No. 23489/20294, /911 (1-3) situated in Mohalla Gopal Nagar, Jalandhar may kindly be granted in favour of the plaintiff and against the defendants.

AND

A decree for Mandatory Injunction directing the defendant to return/handover the sale deed vide document No. 9145 dated 28.01.1974 duly registered with the Sub Registrar, Jalandhar which is in the name of the father namely Tarzem Raj since deceased and Power of Attorney bearing document No. 2067 dated 27.08.2004 of the property bearing No, 780/16 measuring 10 Marla 26 Sq. Ft