[2025:RJ-JP:27146] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 64/2020 A.u. Finance Company Kekri, Through Manager Mo. Iqbal, R/o Kekri, Tehsil, Kekri. ----Petitioner/Defendant Versus 1. 1.1 1.2 1.3 Chotu Lal S/o Lt. Sh. Naryan, (Deceased). Pushpa Bai W/o Lt. Sh. Chotu Lal, R/o 148, Village- Bhaupa Ka Jhaupada Sadari, The- Kekadi, Distt. Ajmer. Chandra Prakash Meena S/o Lt. Sh. Chotu Lal Meena, R/o 87, Village- Bhaupa Ka Jhaupada Sadari, The- Kekadi, Distt. Ajmer. Prem Prakash Meena S/o Lt. Sh. Ram Dayal Meena, R/o 112, Village- Badh Ka Jhaupada Village- Nimeda, The- Kekadi, Distt. Ajmer. 2. Shyam Lal S/o Lt. Sh. Chotu Lal, R/o Bhopa Ka Jhopra (Sadari), Tehsil Sawar, District Ajmer Respondents/Plaintiffs 3. Shrawan Singh Rathore, Employee, A.u. Finance Company, Adarsh Nagar, Ajmer. 4. Dhirendra Singh Rathore, Employee, A.u. Finance Company, Adarsh Nagar, Ajmer. 5. Dharmendra Kumawat, Employee, A.u. Finance Company, Kekri 6. Hemant Kumar, Employee, A.u. Finance Company, Kekri ----Respondents/Defendants For Petitioner(s) : Mr. Rahul Kamwar, Adv. For Respondent(s) : None present HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 21/07/2025 This civil revision petition has been filed by the petitioner- defendant (for short 'the defendant') against the order dated [2025:RJ-JP:27146] (2 of 3) [CR-64/2020] 06.02.2020 passed by Additional Senior Civil Judge No. 2, Kekri, District Ajmer (for short 'the trial Court') in civil suit No. 15/2018 (93/2018) titled as Chotu Lal & Ors. Vs. Shrawan Singh & Ors.", by which the trial Court dismissed the application filed by the defendant. Learned counsel for the defendant submits that respondent Nos. 1 and 2-plaintiffs (for short 'the plaintiffs') filed a civil suit under Order 7 Rule 1 & 2 CPC mentioning therein that the suit filed by the plaintiffs is not maintainable as by way of the suit, the plaintiffs wanted to challenge the proceeding initiated by the defendant under SARFAESI Act, but the trial Court vide order dated 06.02.2020 wrongly dismissed the application filed by the defendant. Learned counsel for the defendant further submits that defendant initiated the proceeding under the SARFAESI Act on account of default committed by plaintiffs with regard to loan taken by them. He also submits that property of the plaintiffs was taken in possession under Section 14 of the SARFAESI Act. He further submits that civil court had not jurisdiction to entertain the suit with regard to proceeding of the SARFAESI Act. So, the order dated 06.02.2020 passed by the trial Court be set aside. Despite service of notice, none has appeared on behalf of the plaintiffs. I have considered the arguments advanced by learned counsel for the defendant and perused the impugned order dated 06.02.2020. It is an admitted position that by way of civil suit, plaintiffs wanted to challenge the proceedings initiated against them under the provisions of SARFAESI Act. So, in my considered opinion, civil [2025:RJ-JP:27146] (3 of 3) [CR-64/2020] Court had no jurisdiction to entertain the suit. Therefore, the suit filed by the plaintiffs deserves to be dismissed being barred by jurisdiction. So, the trial Court had committed an error in dismissing the application filed by the defendant. Therefore, the petition filed by the defendant is allowed and the order dated 06.02.2020 passed by the trial Court is set aside and the suit filed by the plaintiffs is dismissed being barred by jurisdiction. Pending application(s), if any, stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Tahir/95