Section 17(4A), 34 -- Code of Civil Procedure, 1908 (V of 1908), Order VII Rule 11 – SARFAAESI proceedings – Lessee rights -- Rejection of plaint – Jurisdiction of civil Court – Once there is a specific amendment enabling the persons claiming tenancy or lease hold rights to file a petition before the Debt Recovery Tribunal, the Civil Court has erred in rejecting the application -- Even the period of lease has already expired -- Civil Court directed to return the plaint to the plaintiff with liberty to file a petition before the Debt Recovery Tribunal.
(P&H HC) Decided on: 09.09.2022