High Court Dismisses Applicants Revision Applications Against Multiple Borrowers in Loan Recovery Case Due to Procedural Deficiencies and Lack of Jurisdictional Error

Nature of Litigation: Civil revision applications challenging lower court orders dismissing applications for restoration of suits

Remedy Sought

The applicant bank sought revision of lower court orders that dismissed its applications for restoration of suits against multiple borrowers

Filing Reason

The bank's original suits for loan recovery were dismissed for default, and its applications for restoration were also dismissed by the lower court

Previous Decisions

The trial court had dismissed the bank's suits for default, and subsequently dismissed the bank's applications for restoration of those suits

Issues

Whether the High Court should exercise revisional jurisdiction under Section 115 of the CPC to interfere with the lower court's orders Whether the principle of res judicata applies to the bank's revision applications Whether there were procedural deficiencies in the bank's conduct of the cases

Submissions/Arguments

The bank argued that the lower court committed jurisdictional errors in dismissing its restoration applications The respondents likely argued that the bank failed to comply with procedural requirements and that the matters were res judicata

Ratio Decidendi

The High Court's revisional jurisdiction under Section 115 of the CPC is limited to cases involving jurisdictional errors or material irregularities, which were not established in this case -- The principle of res judicata applies when similar issues have been conclusively decided in earlier proceedings -- Strict compliance with procedural requirements under Order V and Order IX of the CPC is mandatory for maintaining suits and applications for restoration

Judgment Excerpts

The court held that the bank failed to establish any jurisdictional error or material irregularity in the lower court's proceedings The principle of res judicata was applied as similar issues had been decided in earlier proceedings The court noted procedural deficiencies including improper service of summons and failure to adhere to timelines

Procedural History

The bank filed suits for loan recovery against multiple borrowers -- The suits were dismissed for default by the trial court -- The bank filed applications for restoration of suits -- The lower court dismissed the restoration applications -- The bank filed Civil Revision Applications before the High Court -- The High Court dismissed all revision applications with costs