IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1280 of 2008 VIJAY BAHADUR GUPTA Versus THE STATE BANK OF INDIA & ORS ----------- 2 14/8/2008 Heard counsel for the petitioner. In the opinion of this Court the question as to whether the suit was barred under order VII Rule 11 (d) of the Code of Civil Procedure on the ground section 58 F of the Transfer of Property Act, could not have been gone into without leading of evidence and that being so at least the applicability and concept of rejection of plaint under order VII Rule 11 (d) of the C.P.C. could not have been enforced by the petitioner, defendant at the inception of the suit. In that view of the matter, the court below has not committed any jurisdictional error in rejecting the prayer of the petitioner. Accordingly, there is no merit in this application and the same is dismissed. ( Mihir Kumar Jha, J. ) Abhay Kumar