Code of Civil Procedure, 1908–Order 7, Rule 11–Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002–Sec. 34–Suit upto effect that the mortgage interest of the bank in the property of plaintiff be declared unenforceable under the SARFAESI Act without interference of civil Court and perpetual injunction for restraining the respondent bank from enforcing it’s mortgage interest u/s. 13(2)–Application for rejection of plaint–Dismissal of–None of actions that may be undertaken u/s. 13(4) by the secured creditor were in question before the trial Court–Bar of
Sec. 34 of Act does not apply–Held, application was rightly rejected.
