1 24 D.B. CIVIL SPECIAL APPEAL NO.584/2006 [DAYA RAM VS. STATE OF RAJ. & ORS.] DATED : 13.02.2007 HON'BLE MR. RAJESH BALIA, J. HON'BLE MR. CHATRA RAM JAT, J. Mr.Kailash Khatri for appellant. Mr.K.L.Khatri for the respondent. ***** Heard learned counsel for the parties. We are of the opinion that it is not a case in which extra ordinary jurisdiction could be invoked and the learned Single Judge was right in dismissing the writ petition in limine. The petitioner appellant through this litigation wants to get a decree for settlement of account in respect of loan advanced to the petitioner by respondent No.3 The Bank of Rajasthan Ltd. It being pure commercial transaction and not in discharge of any statutory obligation and there being no public element involved, the relief cannot be sought by way of invoking extra ordinary jurisdiction. So far as the question relating to auction of petitioner's tractor is concerned, it is not subject matter of dispute any more as the same was concluded before filing of the writ petition. 2 In view thereof this appeal fails and is hereby dismissed. This is without prejudice to the right of the appellant to take recourse to any remedy under general law for settlement of account against the Bank. [CHATRA RAM JAT], J. [RAJESH BALIA], J. mamta