Jurisdiction of civil court u/s 34 of SARFAESI Act was in question. Suit for declaration and permanent...

Jurisdiction of civil court u/s 34 of SARFAESI Act was in question. Suit for declaration and permanent prohibitory injunction was rejected by lower courts under Order VII, Rule 11 CPC. For second appeal u/s 100 CPC, existence of substantial question of law is sine qua non. Section 100 mandates precise statement of substantial question of law and High Court to formulate the same. Entertaining appeal without framing substantial question would be illegal. Substantial question must emerge from sustainable findings of fact and be necessary for just decision. No new point can be raised unless it goes to root of matter. Section 34 bars civil court's jurisdiction over matters within DRT's purview and prohibits injunction against actions under SARFA..... .....

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