SACHIN Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) ALLOWED as prayed for.

(2.) THIS is second appeal by Sachin-plaintiff having been non-suited by both the Courts below on the ground of bar of jurisdiction of Civil Court.

(3.) THE defendant alleged that besides the house loan taken by plaintiff and Yash Pal Jindal, M/s. Haryana Bricks Traders through its partners Yash Pal Jindal and Parveen Kumar had also taken loan by way of cash credit limit and term loan facility from the defendant for which plaintiff also stood guarantor and plaintiff and Yash Pal Jindal mortgaged the disputed property with defendant for the said loan. The defendant pleaded that jurisdiction of Civil Court is barred by Section 34 of the Security Act because the plaintiff has already served notice on the aforesaid borrower firm and its partners and the guarantors under Section 13(3) of the Security Act.