AAVAS FINANCIERS LIMITED Vs. BHAGWANTI MAHAWAR

JUDGEMENT

(1.) This revision under Sec. 115 of the Code of Civil Procedure has been preferred by the defendant/applicant being aggrieved by the order dtd. 11/7/2022 passed in RCS-A 316/2020 by the Vth Civil Judge, Junior Division, Ujjain whereby its application under Order 7 Rule 11 of the CPC for rejection of the plaint on the ground of the same being barred by law has been rejected.

(2.) The plaintiff has instituted an action against the defendant for declaration of her title to the suit house, declaration that she has not received any loan from the defendant, that the entire action of the defendant as regards the suit house is null, void and not binding upon her and for permanent injunction restraining the defendant from interfering with her possession over the suit house and from alienating the same.

(3.) Upon service of summons upon it, the defendant filed an application under Order 7 Rule 11(d) of the CPC for rejection of the plaint submitting that the same is barred by virtue of provisions of Sec. 34 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('the Act, 2002'). The plaintiff contested the application by filing her reply to the same.