In Brief
Canara Bank filed recovery suits against guarantors of a mortgage after obtaining a DRT decree. The guarantors filed plaints claiming fraud with respect to a partnership deed. The trial court and High Court declined to reject these plaints summarily. The Supreme Court held that when fraud allegations relate only to a partnership deed and not to the mortgage or guarantee deed itself, and suits are filed 15 years after the mortgage and 7 years after the DRT decree, the plaints are vexatious and frivolous, constituting abuse of process. The Court allowed the bank's appeals and set aside the orders, directing rejection of the plaints.
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