https://www.taxtmi.com/caselaws?id=111015 Section 34 of the SARFAESI Act does not bar a civil court from hearing a bona fide partition suit asserting ancestral or co-ownership rights in joint family property, because determination of whether property is joint family property and whether a plaintiff has a partitionable interest remains within civil court jurisdiction. The existence of recovery proceedings under section 13 does not by itself oust that jurisdiction. Rejection of the plaint under Order 7 Rule 11(d) is therefore not justified merely because a secured creditor has initiated enforcement action. en-us Wed, 21 Sep 2005 00:00:00 +0530 Thu, 19 Apr 2012 17:02:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=111015 Section 34 of the SARFAESI Act does not bar a civil court from hearing a bona fide partition suit asserting ancestral or co-ownership rights in joint family property, because determination of whether property is joint family property and whether a plaintiff has a partitionable interest remains within civil court jurisdiction. The existence of recovery proceedings under section 13 does not by itself oust that jurisdiction. Rejection of the plaint under Order 7 Rule 11(d) is therefore not justified merely because a secured creditor has initiated enforcement action. Case-Laws Companies Law Wed, 21 Sep 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=111015