Rejection Of Plaints Cannot Be Permitted In Part Due To Purported Statutory Bar On Few Reliefs Being Sought: SC

The Hon'ble Supreme Court ("SC") was recently occasioned to hold that a plaint cannot be rejected in part with respect to certain reliefs, in view of a statutory bar, when there are other reliefs being sought which are not restricted by any such statutory bar. The same was decided in the case of Central Bank of India and Anr. v. Smt. Prabha Jain and Ors.¹ wherein the SC was considering the rejection of a plaint with respect to reliefs sought therein being purportedly barred by the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ("SARFAESI Act, 2002").

The genesis of this dispute originated in Civil Suit No. 25A/2011 filed before the Additional District Judge, Bhopal, by the respondent no.1 – plaintiff ("said suit"). The said suit was filed by the respondent no.1 – plaintiff claiming illegal sale, development, and subsequent mortgage, of a plot of land that was inherited by her from her late husband. It was her