VidhiSangh

Supreme Court of India · 28/02/2020

CANARA BANK versus P. SELATHAL AND ORS. ETC.ETC.

[2020] 2 S.C.R. 944 · 2020 INSC 234

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Summary

The Supreme Court rejected plaints in two suits seeking to invalidate a DRT decree and prevent recovery against mortgaged property. Meaningful reading showed illusory fraud allegations concerning the partnership deed rather than the guarantor’s mortgage or guarantee, and vague allegations of recent knowledge did not overcome limitation. The statutory appellate route could not be bypassed through these vexatious civil suits. The bank’s appeals were allowed.

Issues

  1. Whether the plaints challenging the DRT decree disclosed a maintainable civil claim.
  2. Whether the pleaded fraud and recent knowledge avoided the statutory bar and limitation.

Held

Result

Both appeals allowed; High Court and trial orders set aside. Plaints in O.S.1269/2010 and O.S.233/2011 rejected under Order VII Rule 11 CPC. No costs.

Judgment PDF: Supreme Court of India, [2020] 2 S.C.R. 944.