RAJIV SACHDEVA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This Civil Revision application is directed against the order dated 1-9-1997 passed by the Subordinate Judge I, Jamtara, Dumka in Title (Mortgage) Suit No. 38 of 1986, whereby and whereunder he has allowed the prayer of the plaintiff-Bank and ordered for transfer of the aforementioned suit to the Debts Recovery Tribunal, Patna and kept in his Court the counter claim of the defendants for trial and disposal.

(2.) The facts of the case lie in a narrow compass.

(3.) Plaintiff-Opposite party No. 1-State Bank of India instituted title (Mortgage) Suit No. 38 of 1986 seeking a relief of mortgage decree as contemplated under Order XXXIV, Rule 4 of the Code of Civil Procedure (for short 'CPC) and also for a money decree for recovery of loan amount. The defendants entered appearance and filed their written statement separately. Defendant-Opposite party No. 2, namely, M/s Raj Hans Steel Limited filed its written statement-cum-counter claim wherein the counter claim was valued at Rs. 2,50,000/-. The petitioner who is defendant No. 4 also filed his written statement and counter claim which was valued at Rs. 42,51,000/-. Defendant No. 2, however, died on 1-9-1989 leaving behind his widow, three daughters and one son (the petitioner). The suit was, however, ultimately taken up for hearing and the plaintiff examined some witnesses. In the meantime, the plaintiff filed a petition on 15-3-1997 seeking transfer of the suit to the Debts Recovery Tribunal, Patna, in view of notification issued by the Central Government under the Debts Recovery Act. The defendant filed rejoinder to the said petition. Learned Court below after hearing the parties passed the impugned order and ordered for transfer of the suit to the Debts Recovery Tribunal, Patna and kept the defendants' counter claim for trial and disposal by that Court. Hence this Civil revision application.