RAJAMANI Vs. BANK OF BARODA AND OTHERS

JUDGEMENT

(1.) This appeal is preferred against the order dtd. 28/7/2015 in I.A.No.227 of 2015 in O.S.No.27 of 2015, by which, the application filed under Order 7 Rule 11 C.P.C. to reject the plaint was allowed.

(2.) The appellant filed a suit for partition and separate possession in O.S.No.27 of 2015 interalia alleging that without consent and knowledge, defendants 1 and 2 viz., the father and brother mortgaged the suit properties and the said properties being the joint family properties, he is entitled for his separate share.

(3.) The first respondent, who is the secured creditor, filed an application in I.A.No.227 of 2015 raising a legal pea that the suit is barred by express provision contained under Sec. 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (for short SARFAESI Act ). The learned trial Judge allowed the application and therefore, the present appeal has been filed.