Mehta Brothers And Ors. vs Bank Of India And Anr. on 9 November, 2000
In view of the conflict between two decisions of Allahabad High Court reported as Sardar Karam Singh v. Jai Krishan 1963 ALJ 472 and Ram Baran's case (supra) a Division Bench of that Court in Ziley Singh v. Munchi and Ors. 1969 ALL LJ 804 also had an occasion to consider the scope of the proviso to Order 9 Rule 13 CPC Learned fudges observed that the following classes of cases are possible in which an application under Order 9 Rule 13 CPC can be made:-