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2019 Supreme(All) 2054

JAYANT BANERJI
Kajal Goel – Appellant
Versus
State Bank of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Awadhesh Kumar Singh and Abhai Kumar Singh
For the Respondents: Satish Chaturvedi

ORDER :

Jayant Banerji, J.

1. The plaintiff-appellant has challenged the judgment and decree dated 26.9.2017 and 4.10.2017 respectively passed by the Additional District Judge, Court No. 3, Ghaziabad in Civil Appeal No. 87 of 2017 (Smt. Kajal Goel Vs. State Bank of India and another) as well as the judgment and decree dated 27.5.2017 and 3.7.2017 respectively passed by the Additional Civil Judge (Junior Division), Court No. 2, Ghaziabad in Original Suit No. 2803 of 2013 (Smt. Kajal Goel Vs. State Bank of India and another).

2. This appeal was admitted on 19.7.2018 on the following substantial question of law:

    "1. Whether courts below erred in deciding the preliminary issue only on the basis of law and not on the facts and ignored correct application of the law as enunciated by the Honourable Supreme Court in the matter of Ramesh B. Desai Vs. Bipin Vadilal Mehta?

2. Whether courts below misapplied the correct application of law by refusing to investigate the veracity of documents submitted by respondent as evidence before dismissing the suit?"

3. Heard Shri Amit Goel, the power of Attorney Holder of the appellant (who was permitted to appear by the order of the Court dated 12.02.2019) and

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