Sushila v. State Bank Of India & ORS

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT

CHANDIGARH C.R. No.3053 of 2016 Date of Decision.11.05.2016 Smt. Sushila wd/o late Sh. Sushil Kumar .....Petitioner Vs.

State Bank of India and others ........Respondent

Present:

Mr. Jai Bhagwan Sharma, Advocate for the petitioner.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) 1.

There are two independent suits filed against the same set of defendants for two different causes of action namely; one, a personal loan taken by the deceased husband and father of the contesting wife and children respectively and yet another loan was contracted for purchase of car. They are independent causes of action. The plaintiff has the liberty to either jointly institute a suit against them and seek for recovery against the estate of the deceased in the hands of the legal representatives, for that suit can also be independently filed. Bar under Order 2 CPC does not operate in the manner in which it is canvassed. If the Court below has dismissed the application for rejection of the plaint, I find no error for interference.

2.

The revision petition is dismissed.

(K. KANNAN) JUDGE May 11, 2016 Pankaj* PANKAJ KUMAR 2016.05.16 11:34 I attest to the accuracy and integrity of this document