RAJIV SAREEN Vs. DIVYANSHU ENTERPRISES

JUDGEMENT

(1.) Through the present Appeal, the Appellant [Plaintiff before the learned Single Judge] assails the correctness of judgment dtd. 2/2/2022 [hereinafter referred to as 'Impugned Judgment'] passed by the learned Single Judge in CS(OS) 83/2021, whereby the learned Single Judge allowed I.A. No. 14422/2021 filed by Respondent No.3 [Defendant No.3 before the learned Single Judge] under Order VII Rule 11 of the Code of Civil Procedure, 1908 [hereinafter referred to as 'CPC'] and, in exercise of the powers conferred thereunder, rejected the plaint.

(2.) The issue which arises for consideration in the present Appeal is wthether a civil suit seeking cancellation of a registered Sale Deed is maintainable before a Civil Court, despite the express bar to the jurisdiction of Civil Courts created under Sec. 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [hereinafter referred to as 'SARFAESI Ac'].

(3.) In order to comprehend the issues involved in the present Appeal, the relevant facts in brief are required to be noticed.