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2024 Supreme(Online)(MP) 35432

HIGH COURT OF MADHYA PRADESH
HON'BLE SHRI JUSTICE VIVEK AGARWAL, J
Chamanlal Gharoo – Appellant
Versus
Smt. Goura Bai – Respondent


Advocates:
Surendran Pillai T.K.,

ORDER

Learned counsel for the petitioner submits that vide order dated 26.2.2024, an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short "C.P.C.") as was filed by the Defendant No.60 (Petitioner herein) has been dismissed by learned VII Civil Judge, Junior Division, Jabalpur. Petitioner is an auction purchaser from the concerned Bank where the suit property was under mortgage. After having purchased the property in auction, there will be bar on civil proceedings under Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and, therefore, the application under Order VII Rule 11 of the C.P.C has been wrongly dismissed by the Trial Court. Learned Trial Court has noted a fact that only on the basis of the plaint averments, application under Order VII Rule 11 of the C.P.C is to be considered and not on the basis of the documentary evidence produced by the Defendant. This is settled principle of law, which cannot be disputed and, therefore, to maintain equity, it can be directed that the Trial Court shall frame issue with regard to maintainability of the suit in view of the provisions as con

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