SWATI ORGANICS LTD. Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THIS is a First Appeal filed by plaintiff under Section 96 of C.P. Code against the judgment and decree dated 14.1.2005 passed by XII Additional District Judge, Indore in C.S. No. IA/05 whereby the plaintiffs suit has been dismissed as being not maintainable by rejecting the plaint under Order 7 Rule 11 of C.P. Code. So the question that arise for consideration in this appeal filed by plaintiff is: whether learned trial Judge was justified in allowing the application (I.A. 3) made by defendant Nos. 1/2 under Order 7 Rule 11 of C.P. Code and in consequence was right in rejecting the plaint

(2.) FACTS in brief are these.

(3.) THE plaintiff obtained a loan facility from the defendant -Bank (State Bank of India) for their business purpose and mortgaged their immovable properties as detailed below by way of collateral securities for repayment of the loan taken. These properties are: