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TMI Blog2020 (9) TMI 1313X X X X Extracts X X X X X X X X Extracts X X X X ..... miss the suit, if the suit property is not found to be agricultural. It is not really necessary in such a case to go to trial on all issues, if the defendant bank is right on the preliminary issue. There are no merit in the challenge to the impugned order. Civil Revision Application is, in the premises, dismissed. - HON BLE S.C. GUPTE For the Applicant : Mr. Sidharth Samantaray i/b Mr. Sanjay Anabhawane For the Respondents : None (Oral Judgement) 1 This Civil Revision Application challenges an order passed by Civil Judge, Junior Division, Kagal, Kolhapur, on an application of the Applicant herein in a Regular Civil Suit filed by the Respondents herein. The application was under Order 7 Rule 11 of the Code of Civil Procedure ( Code ), on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 79 in support of his submission. In Jagdish Singh s case what the Supreme Court has held is that Section 34 bars jurisdiction of civil courts to entertain a suit or proceeding in respect of any matter , which DRT or Appellate Tribunal is empowered, by or under the SARFAESI Act, to determine; the expression in respect of any matter , under Section 34 of SARFAESI Act includes any measure taken by a bank or a financial institution, and consequently, aggrieved persons having grievance against such measure have to approach DRT or Appellate Tribunal, as the case may be, and not a civil court. The statement of law by the Supreme Court in Jagdish Singh s case presupposes that the measure was taken by the concerned bank or financial institution in r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l court has correctly deduced from this statement of law that the question as to whether the suit land is an agricultural land needs to be decided in the suit, since one party affirms the same and the other denies it; and this question can be decided only on evidence; the stage of Order 7 Rule 11 of the Code is not a proper stage to receive such evidence and decide the issue. At the stage of Order 7 Rule 11, it is trite to say, the court must take the plaint as it is; it cannot take the defence into account. If the plaint, on the very face of it, discloses want of jurisdiction on the part of the court to entertain the suit, it must be rejected. As we have noted above, the plaintiffs in our case, relying on 7/12 extract of the suit property, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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