UCO BANK, ROURKELA Vs. PURNIMA AGARWAL

JUDGEMENT

(1.) Heard Mr.S.Mishra, learned counsel for the petitioner.

(2.) In connection with the impugned order, Mr.Mishra mainly submits that while passing the impugned order the learned Court below has unnecessarily referred and relied upon the written statements filed by the defendants which he ought not to have done while considering an application under Order 7 Rule 11 of the C.P.C. filed by the petitioner-Bank. He further submits that though the petitioner has taken a plea therein that the civil suit was/is barred by limitation, however while passing the impugned order there is no discussion on the same. Lastly he submits that till date the evidence of defendant No.3 has not yet been closed.

(3.) Considering such submissions, this Court is of the opinion that the matter requires consideration by this Court.