NEERENDRA KUMAR Vs. RISHIKA

JUDGEMENT

(1.) THE Root question that falls for consideration in this revision is whether civil court shall have jurisdiction to entertain the suit for declaration of title and permanent Injunction in respect of the any action/measure taken by applicant -Bank under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (henceforth 'the Act of 2002')? This is revision under section 115 of the Code of Civil Procedure (for short 'the CPC') filed by the applicant/defendant No. 1 questioning the legality and propriety of the order dated 19.03.2013 passed by 2nd Civil Judge, Class -II, Mahasamund in Civil Suit No. 2 -A/2011 deciding the issue of jurisdiction of Debt Recovery Tribunal under Section 34 of the Act of 2002 in negative.

(2.) IMPERATIVE facts required to be noticed for consideration of this revision are as under: -

(3.) FEELING aggrieved and dissatisfied with the impugned order holding the Civil Court has jurisdiction in the matter, the instant revision under Section 155 of the CPS has been filed.