Partition–Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002–Secs. 17, 34 & 35–Code of Civil Procedure, 1908–Order 7, Rule 11–After the auction of the property under the provisions of SARFAESI Act, appellants filed the suit for partition which was dismissed by invoking the provisions of Order 7, Rule 11–Application alleging that the borrower P had no right to mortgage the property until the partition was also dismissed by the DRT–Under Sec. 17, the DRT has no power to partition the properties and hence, the Civil Court’s jurisdiction to grant a decree of partition cannot be said to be ousted–The partition suit can not be held to be barred by the law under Order 7, Rule 11–Property has been auctioned, therefore, it cannot be divided by metes and bounds amongst the legal heirs–Civil Court is required to decide the share of the petitioner-plaintiff in the sale proceeds of the property–Directed accordingly.
