KRISHNA Vs. KEDARNATH

JUDGEMENT

(1.) THESE two appeals are filed against the orders dated 10-1-2005 passed by the trial Court on I.A. II filed by the UCO Bank under O. VII, R. 11, C.P.C. rejecting the plaints holding that the suits are barred under Cl. (d). The rejection of plaints amounts to decrees and, therefore, appeals are filed.

(2.) THE facts and question of law involved in both the appeals are common and hence they are heard together and disposed of by this common judgement.

(3.) MR . H. Subramanya Jois, learned senior counsel appearing for the appellants, cited the decision of the Madras High Court reported in 2005 (2) Bank Cas 127 (Arasa Kumar v. Nallammal) wherein it is held that S. 34 of the Act is nor bar for the Civil Court to decide the rights of the parties in a suit for partition. Paragraphs 30 and 31 of the said decision is extracted hereunder :-