Shivang Singh Gour S/O Shri ... vs Ummed Singh Gour S/O Late Shri ...
2022 Latest Caselaw 3294 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Second Appeal No. 40/2021

Shivang Singh Gour S/o Shri Kuldeep Singh,
                                                             ----Appellant-Plaintiff
                                      Versus
Ummed Singh Gour S/o Late Shri Laxman Singh, Ji, & Ors.
                                                    ----defendant-respondents

For Appellant(s)            :     Mr. Amit Puri
For Respondent(s)           :



                 HON'BLE MR. JUSTICE SUDESH BANSAL

                                       Order

25/04/2022

Learned counsel for appellant-plaintiff submits that in the

present civil suit, even the Bank is not party and plaintiff has filed

the civil suit confining to challenge the patta dated 16.05.2002 of

the JDA as forged.

Learned counsel for appellant submits that the present civil

suit is not related to staying the recovery of Bank for its due loan.

He further submits that the trial court has committed illegality and

jurisdictional error in rejecting the plaintiff's suit under Order 7

Rule 11 (d) CPC applying the bar of Section 34 of The

Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002)

in fact the bar of Section 34 is not applicable to the present nature

of civil suit.

Issue notice to respondents.

Notice be given "dasti" as prayed.

Since in stay application, it has been prayed that operation

and execution of impugned judgment and decree be stayed

(2 of 2) [CSA-40/2021]

whereas in fact appellant-plaintiff's suit has been rejected under

Order 7 Rule 11 CPC which has been affirmed by the first

appellate court, hence there is no scope for grant of any interim

relief in favour of appellant-plaintiff.

In view of above, the stay application stands dismissed.

(SUDESH BANSAL),J

SAURABH/17

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