CR – 200/2008 -M/s B. Chanda & Sons & Anr.Vs.SBBJ & Ors. : Order dt.18.8.08 1/2 S.B. CIVIL REVISION PETITION NO.200/2008 M/s B. Chanda & Sons & Anr. Vs. S.B.B.J. & Ors. Date of order : 18th August, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. D.D. Chitlangi for the petitioner. --------- 1. Heard learned counsel. 2. This writ petition is directed against the order dated 5.8.2008 whereby the learned trial court rejected the application of the defendant under Order 7 Rule 11 in a suit filed by the plaintiff Bank for recovery of money in question. 3. Learned counsel for the petitioner relying on the decision of the Hon'ble Supreme Court in Lallan Prasad Vs. Rahmat Ali – AIR 1967 SC 1322 has submitted that since the goods in question were pledged with the plaintiff-Bank and the Bank allowed the goods to waste, therefore, the suit against the defendant borrower was not maintainable. He, however, submits that the suit was not barred by the law. 4. Having heard learned counsels, this Court finds no ground to interfere with the impugned order as the suit in question CR – 200/2008 -M/s B. Chanda & Sons & Anr.Vs.SBBJ & Ors. : Order dt.18.8.08 2/2 cannot be thrown out merely on the basis of contention in of the defence of the defendants. Whether the goods in question were pledged or whether the plaintiff Bank can recover out of those goods or not are all questions of facts and evidence is required to prove them before the learned trial court and since admittedly the suit is not barred by law, Order 7 Rule 11 C.P.C. would not apply. 5. The learned trial Court, therefore, was justified in rejecting the said application. 6. At this stage, learned counsel for the petitioner-defendant submits that the learned trial court has also imposed cost of Rs.5,000/- while rejecting the said application. He has prayed for reduction of the said cost. 7. Though this Court is not inclined to interfere with the impugned order in any manner and the imposition of cost also cannot be held to be unjustified, however, in the facts and circumstances, the cost of Rs.5,000/- is reduced to Rs.2,000/-. 8. The revision petition is accordingly dismissed. [ DR. VINEET KOTHARI ], J. item No.s/1 babulal/-