DAVINDER KAUR Vs. PUNJAB & SINDH BANK

JUDGEMENT

(1.) The appeal impugns the rejection of the plaint under Order VII Rule 11 of the Civil Procedure Code (CPC), 1908 in a suit filed by the appellant and the resultant judgment and decree of dismissal of the suit.

(2.) The appellant filed the plaint seeking the relief of permanent injunction restraining, (i) the respondent No.1/defendant No.1 Punjab & Sindh Bank, (ii) the respondent No.2/defendant No.2 Mr. Sandeep Dahiya, Advocate appointed as a Court Receiver in a proceeding under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 and, (iii) the respondent No.3 Ms. Kiran, from dispossessing the appellant/plaintiff from property No.A- 116B, Gulab Bagh, Uttam Nagar, New Delhi belonging to the appellant/plaintiff. It was the case of the appellant/plaintiff that though the property mortgaged with the respondent No.1 Bank was bearing No.A-116 and the order appointing respondent No.2/defendant No.2 as receiver was also with respect to property No.A-116 but in implementation thereof, possession of property No.A-116B of the appellant/plaintiff was being sought to be taken.

(3.) The respondent No.1 Bank filed a written statement and reply to the application for interim relief accompanied with an application under Order VII Rule 11 of CPC. The respondent No.3 Ms. Kiran remained unserved before the Trial Court.