https://www.taxtmi.com/caselaws?id=458278 Section 34 SARFAESI bars civil jurisdiction only where the matter falls within the DRT or Appellate Tribunal's statutory competence, and Section 31(i) excludes security interests in agricultural land. Whether land is agricultural is a factual issue depending on its nature and use, ordinarily to be decided on evidence. At the Order 7 Rule 11 stage, the court must accept the plaint as pleaded and cannot test the defence case. Because the plaint asserted that the secured property was agricultural land, rejection of the plaint was not warranted. en-us Fri, 18 Sep 2020 00:00:00 +0530 Fri, 18 Oct 2024 19:52:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458278 Section 34 SARFAESI bars civil jurisdiction only where the matter falls within the DRT or Appellate Tribunal's statutory competence, and Section 31(i) excludes security interests in agricultural land. Whether land is agricultural is a factual issue depending on its nature and use, ordinarily to be decided on evidence. At the Order 7 Rule 11 stage, the court must accept the plaint as pleaded and cannot test the defence case. Because the plaint asserted that the secured property was agricultural land, rejection of the plaint was not warranted. Case-Laws Indian Laws Fri, 18 Sep 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458278