03 Mar 2025 11:25 AM
Supreme Court
Supreme Court

SARFAESI--Bar of Jurisdiction of Civil Court

Suit for Declaration--For setting aside of illegally executed sale deed by the Co-sharer and for setting aside of mortgaged deed executed by subsequent purchaser in favour of Bank and sought relief of possession--DRT is not empowered to grant such reliefs thus jurisdiction of Civil Court is not barred

Rejection of Plaint--Partial Rejection--There cannot be a partial rejection--Hence, even if one relief survives, the plaint cannot be rejected under Order 7 Rule 11 CPC

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