SATYA NARAYAN SINGH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THIS revision application, at the instance of the defendants, is directed against the order dated 20.3.99 passed by Sub -Judge VI, Dhanbad in Mortgage Suit No. 145/92, whereby he has allowed the application filed by the plaintiffs opposite party for conversion of the Mortgage Suit into a Money Suit. 5/1/2013 Page 1 Surendra Mohan Sinha Versus State Of Bihar

(2.) IT appears that the plaintiff -opposite party, namely, State Bank of India filed a Title (Mortgage) Suit No. 145/92 against the defendants for recovery of Rs. 4,82,526.45 paise and also prayed for a decree under Order 34 Rule 4 CPC in respect of the property mentioned in the Schedule at the foot of the plaint. The suit was contested by the defendants -petitioners by filing written statement stating, inter alia, that the suit is barred under the provisions of Transfer of Property Act and is not maintainable as the court at Dhanbad cannot pass a mortgage decree in respect of the mortgage property which is situated within the jurisdiction of Giridih District. It further appears that the plaintiff filed an application under Order 6 Rule 17 CPC for amendment of the plaint by converting the Title (Mortgage) Suit into a money suit. The said prayer was opposed by the defendants -petitioners and the court below, by passing the impugned order has allowed the application.

(3.) I do not find any force in the submission of the learned counsel. Admittedly the plaintiff -Bank having its branch at Dhanbad granted loan to the defendants and various documents were executed within the jurisdiction of Dhanbad court. The defendants also gave in security title deeds in respect of the immovable property situated at Giridih by way of adequate mortgage.