Supreme Court · 2020 INSC 234 · Decided 28 February 2020
Canara Bank v. P. Selathal and ORS. ETC.ETC.
- Court
- Supreme Court of India
- Citation
- 2020 INSC 234 · [2020] 2 S.C.R. 944
- Case number
- CIVIL APPEAL No. 1863/2020
- Decided
- 28 February 2020
- Bench
- UDAY UMESH LALIT, INDIRA BANERJEE, M.R. SHAH (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution Article 227
Headnote
Code of Civil Procedure, 1908 - Or.7, r.11 - Rejection of Plaint - The appellant-bank sanctioned and granted a term loan to a partnership firm - The said loan was secured by mortgage of immovable property belonging to the said firm and land of a of the guarantor are subject matter of dispute - A Guarantor had signed Guarantee Deed and created a equitable mortgage by deposit of title deeds - The original borrower failed to repay the loan amount - The DRT proceeded ex- parte against the Guarnator and directed the
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