RAJASTHAN FINANCIAL CORPORATION Vs. BANWARI LAL

JUDGEMENT

(1.) The crucial legal questions which arise for consideration in this appeal is as to whether the application filed under section 31(1) of the State Financial Corporation Act, 1951 (for short the Act) is a plaint and whether the provisions of Limitation Act are applicable to it?

(2.) This question has emerged in the following circumstances -

(3.) Section 31(1) of the Act gives power to the Financial Corporation to enforce its claims by simply moving the District Judge by means of the petition and section 32 of the Act lays down the prompt procedure to be followed by the said Judge. Section 32 has been enacted by way of speedy remedy.