PUNJAB NATIONAL BANK Vs. SHAIKH JUMMAN SHAIKH GULJAR

JUDGEMENT

(1.) This revision application is preferred by original defendant-Punjab National Bank challenging order dated 31.10.2006 passed by learned District Judge, Chandrapur setting aside order dated 15.10.2005 passed below Exh.-13 by learned 2nd Jt. Civil Judge Senior Division, Chandrapur below Exh.-13 dismissing the suit i.e. Regular Civil Suit No. 142/2005, filed by the plaintiff. The appellate Court has directed the trial Court to restore the suit and to proceed further as per law, to decide the same on merits.

(2.) Such of the facts as are necessary to decide the controversy are stated below.

(3.) The applicant/defendant filed an application under Order IX Rule 11 of the Code of Civil Procedure for dismissal of the suit, for want of jurisdiction. According to the appellant/defendant, the plaintiff has no right to claim relief of permanent injunction with temporary injunction in respect of notice under Section 13(4) of the said Act dated 20.12.2004. It is the objection raised that the plaintiff has right to file an appeal to the Debt Recovery Tribunal within a period of 45 days from the date of which, the measures are taken and the Civil Court has no jurisdiction to entertain any suit or proceeding in respect of any matter, which the Debt Recovery Tribunal or Appellate Tribunal, is empowered to decide under the said Act. The plaintiff opposed the said application by filing his say. The trial Court framed the issue as to whether the Court has jurisdiction to entertain and try the suit.