Court : Karnataka
..... (d) dismissal under order 14 rule 2(2) where issues both of law and fact arise in the same suit and the court is of opinion that the case or any part thereof may be disposed of on an issue of law only and it tries such issue relating to jurisdiction of the court or a bar to a suit created by any law for the time being in force first and dismisses the ..... this appeal is by the aggrieved plaintiff of o.s.no.573/2013 on the file of the ii additional senior civil judge, bangalore rural district, bangalore, whereby his case is dismissed as not maintainable vide order dated 26th september 2014, in view of the bar under section 34 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (for short hereinafter referred to as ' ..... the original suit no.573/2013 is restored and the matter is remanded to the trial court to proceed with the case from the stage at which it was dismissed, after issuing a notice to unserved defendants. ..... now coming to the judgment of the apex court in alka gupta's case, relied by the appellant - the apex court in this case enumerated the basic principles of the code of civil procedure that, a suit cannot be dismissed without trial merely because the court feels dissatisfied with the conduct of the plaintiff. ..... in the meanwhile, on fourth defendant approaching this court by way of writ petition, a direction was given to take up the case, which was posted to 30.9.2014 for orders on maintainability before dasara vacation. .....
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