CENTRAL BANK OF INDIA Vs. SICO ENGG.IND

JUDGEMENT

(1.) THIS is a Bank suit for recovery of sum of Rs.31,35,925/- from the Defendants. The Defendants' firm is the Partnership firm of which Defendant No.2 is the partner and Defendant No.4 is the wife of the Defendant No.2 and is joined by the bank as a guarantor of the loan and because of which her flat is mortgaged to the Plaintiffs.

(2.) THIS motion is taken out for appointment of Receiver of the hypothecated securities and also of the mortgaged flat no.7 with power to sell this property and for an injunction and another reliefs. According to all the Defendants Flat of the Defendant No.4 was never mortgaged by any of the Defendants to the Plaintiffs and this is a crucial question in this motion.

(3.) IN my opinion, this objection of the Defendants can not be considered as preliminary issue. The matters in which preliminary issues can be framed are enumerated in O.14 of the C.P.C. The objection of the Defendants to the maintainability of the suit as quoted above, does not come under the provisions of Order 14 of the C.P.C. As such, the objection has to be deferred for future. Apart from this, the Court is empowered to deal with the motion only, and therefore, this objection will have to be decided by the Court dealing with suits.