P&H: Rejection of Plaint - Refuses to Reject Partition Suit Over SARFAESI Auction Purchase and Non-Joinder Pleas
The Punjab and Haryana High Court has dismissed a civil revision filed by a purchaser of property in SARFAESI auction, refusing to interfere with the trial court’s order that declined to reject a partition suit under Order VII Rule 11 of the Civil Procedure Code.
The dispute involved a property in Kaithal. According to the pleadings, the property owner had taken a loan from Hero Fin Corp, defaulted, and the property was sold in auction under the SARFAESI Act. The petitioner purchased the property in the auction. Later, one of the co-sharers filed a suit seeking partition and separate possession,...