Skip to main content
Indian Kanoon - Search engine for Indian Law
Document Fragment View
Matching Fragments
"32. Applying the law laid down by this Court in the
aforesaid decisions on exercise of powers under Order 7 Rule
11 of the CPC to the facts of the case on hand and the
averments in the plaints, we are of the opinion that both the
courts below have materially erred in not rejecting the plaints
in exercise of powers under Order 7 Rule 11 of the CPC. As
observed hereinabove, the main prayer in the suits is
challenging the decree passed by the DRT. The decree passed
by the learned DRT and even the order passed by the
Recovery Officer are appealable under Section 20 of the
RDDBFI Act. In the case of O.C. Krishnan (supra), this Court
has observed and held that in view of the alternate remedy of
preferring the appeal before the DRAT, the petition under
Article 227 challenging the order passed by the DRT shall not
be maintainable, without exhaustion of such remedy. In the
case of O.C. Krishnan (supra), decree passed by the DRT was
challenged in a petition under Article 227 of the Constitution of
India. The High Court allowed the petition. While allowing the
appeal of the bank - Punjab National Bank, this Court has
observed that without exhaustion of the remedies under the
RDDBFI Act, the High Court ought not to have exercised its
jurisdiction under Article 227. While holding so, in paragraph
6, this Court has observed and held as under: