suit filed to declare that the order passed by Debts Recovery Tribunal, Chennai, in respect of the plaintiff's property is nullified and not binding the plaintiff is maintainable - plaintiff also sought injunction and partition, reliefs have to be adjudicated only by Civil Court

Citation

2015(1) MWN (civil) 165

Contending that the suit by a person who is not a party, in the DRT proceedings is maintainable before the Civil Court, the decision reported in (2015) 1 MLJ 170 (K.Deenadayalan v. N.Sathish Kumar) is relied upon, wherein it has been held as follows:- When allegations of fraud, misrepresentation and mala-fide made by the plaintiff, with allegation of not following due procedures, Civil Court can entertain suit by person not even party in DRT proceedings. Suit not barred. Since plaintiff also sought injunction and partition, reliefs have to be adjudicated only by Civil Court. Trial Court rightly rejected application for rejection of plaint. Petition dismissed.