STATE BANK OF INDIA Vs. KISHORE KUMAR SAH

JUDGEMENT

(1.) In this Revision Application under Section 115 of the Code of Civil Procedure, 1908 (in short, CPC) the challenge at the instance of the petitioner- State Bank of India has been against the order of the trial Court recorded on 15-7-2003 in Title Suit No. 142 of 2003 at the instance of the borrower, whereby, the petition for cancellation of the recovery of the certificate issued in favour of the petitioner in purported exercise of powers contained in Section 5 of the Bihar and Orissa Public Demands Recovery Act, 1914 (hereinafter referred to as the Act) by the competent authority against the borrower-opposite party herein, came to be accepted mainly on the plea of fraud.

(2.) After having heard the submissions of learned counsel for the petitioner-Bank and considering the relevant legal settings and the mechanism employed in the Act, it is evidently clear that the impugned order of the trial Court is unjust, unreasonable and contrary to the provisions of the Act for the following reasons :

(3.) Section 43 of the Act reads as hereunder :