BANK OF INDIA Vs. MANICKAM ALIAS SELLAKUMARASAMY

JUDGEMENT

(1.) I.A. No. 1194 of 2005 in O.S. No. 349 of 2005 and I.A. No. 1195 of 2005 in O.S. No. 350 of 2005 have been filed under Order 7 Rule 11 of C.P.C, with a prayer to reject the plaint on the ground that under Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), (hereinafter be mentioned as SRFAESI Act), the Civil Court has no jurisdiction to entertain the suit. Both I. As. have been dismissed by the learned District Munsif of Pollachi. Hence, the revisions have been filed by the defendant in both the suit.

(2.) THE substantial question of law to be decided in both the C.R.Ps. is whether the plaints in O.S. No. 349 of 2005 and O.S. No. 350 of 2005 are liable to be rejected under Order 7Rule 11 of C.P.C., for the reasons stated in the memorandum of revision in both the revision petitions.