TaxTMI 
TaxTMI 
2026 (6) TMI 1413
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....y petitioner under Order VI Rule 16 of CPC was dismissed. 2. Short facts of the case are that, petitioner (hereinafter referred as defendant) and respondent No.1 (hereinafter referred as plaintiff) and other defendants are the members of Hindu Undivided family (hereinafter referred as 'HUF'). The plaintiff filed a suit for declaration and injunction in respect of the property bearing survey no. 719/1 and 720 of Village | Khatamba District Dewas and survey no.170/5/2 of Village Bilwali, District Dewas on the ground that these two properties were purchased in the name of defendant through registered sale deeds from the nucleus of the HUF and these properties are the not self-acquired properties of defendant no. 2. It is further ple....
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....t of the payment of residue amount by the bank, the same cannot be sought in this suit as the civil court has no jurisdiction under Section 34 of the SARFAESI Act in respect of the matters those may be decided by the Debts Recovery Tribunal and no injunction can be granted by any court or other authorities in respect of any action taken under the provisions of SARFAESI Act. 5. Plaintiff filed the reply of the application and opposed the application on the ground that the pleadings are not contradictory and no direction can be issued for striking off the pleadings. The plaintiff further submits that the plaintiff has not challenged the proceedings initiated by the bank under Section 13 of the SARFAESI Act, and therefore, the pleadings are....
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....editor under the provisions of the act, and therefore, by virtue of Section 34, this can't be examined and entertained by the civil court. He further submits that no injunction can be issued by the Court in respect of any action taken or to be taken in pursuance to any powers conferred by or under SARFAESI Act and payment of residue amount to the mortgagor is an action, which is required to be taken under the provisions of SARFAESI Act. 8. He relied on the judgment delivered by the Supreme Court in Central Bank of India and another vs. Prabha Jain and others, (2025) 4 SCC 38 and referred para 31 and 32 of the judgment, which reads as under:- "31. This Court in State Bank of Patiala v. Mukesh Jain [State Bank of Patiala v. Mu....
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....urt held that Section 34 bars the jurisdiction of the civil court for : (i) suits or proceedings relating to matters that the Debts Recovery Tribunal or the Appellate Tribunal can decide under this Act, and (ii) no injunction may be granted by any court or authorities regarding actions under this Act or the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Therefore, the bar of jurisdiction of the civil court has to correlate to the abovementioned conditions. This finding is central to the matter : the bar of jurisdiction correlates with the conditions mentioned in Section 34." 9. Learned counsel for the petitioner further submits that the pleadings are unnecessary and self contradictory and therefore, the trial Court ....
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.... any stage of the proceedings pass an order to be struck out or amended any pleadings in any matter, if the court is of the opinion that the pleadings are unnecessary, scandalous, frivolous or vexatious or may tend to prejudice, embarrass or delay the fair trial of the suit, or is otherwise an abuse of the process of Court. 13. Plaintiff has to prove his own case and plaintiff is free to submit the pleadings before the court. The court can exercise the power of direction to struck down the pleadings only as per the provisions of the Order VI Rule 16 and if in the view of the court, the pleadings are not unnecessary or scandalous, or frivolous or vexatious, the court cannot issue any direction to struck out the pleadings. 14. From bare....