VidhiSangh

Supreme Court of India · 08/01/2025

CENTRAL BANK OF INDIA & ANR. versus SMT. PRABHA JAIN & ORS.

[2025] 2 S.C.R. 263 · 2025 INSC 95

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Summary

The Supreme Court held that Section 34 of the SARFAESI Act did not bar a co-heir's civil suit seeking declarations that a sale deed by another co-owner and the purchaser's later mortgage to the bank were void, and seeking possession. These are not matters the Debts Recovery Tribunal can decide under Section 17, whose power is limited to testing measures under Section 13(4) and 'restoring' possession. Since a plaint cannot be partly rejected under Order VII Rule 11, the High Court rightly restored the suit.

Issues

  1. Whether Section 34 of the SARFAESI Act ousts the civil court's jurisdiction over a suit by a third party claiming title, seeking declarations that a sale deed and the subsequent mortgage in favour of the bank are void, and recovery of possession.
  2. Whether the Debts Recovery Tribunal, under Section 17 as it stood before the 2016 amendment, could grant such declarations or hand over possession to a person who was never in possession and whose claim is adverse to the borrower.
  3. Whether a plaint can be rejected under Order VII Rule 11 CPC where only some of the reliefs claimed may be barred.

Provisions considered

Held

Result

Lead appeal dismissed and connected appeals disposed of in the same terms; the High Court's order restoring the suit upheld, the interim order vacated, and the civil suits directed to proceed expeditiously in accordance with law.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 263.