CANARA BANK Vs. PINDI PLYWOOD TRADERS

JUDGEMENT

(1.) Leave granted.

(2.) In the appeal arising out of S. L. P. (C) No. 21773/97 the order of the Division Bench of the High Court of Delhi dated 8-7-97 in F. A. O. (OS) No. 157/97 is in question. In the appeal arising out of S. L. P. (C) No. 9605/98 the subsequent order of the Execution Court dated 10-7-97 passed in Suit No. 31/84 is in question.

(3.) The appellant-plaintiff, the Lakshmi Commercial Bank Ltd. which was subsequently merged with the Canara Bank, has admittedly granted a loan in 1975 to the defendants. The appellant filed a mortgage suit for recovery of the amount and the suit was contested on various grounds by the defendants. The defendants filed written statement on 15-10-1984 and subsequently issues were framed in 1986. The first defendant died thereafter and legal representatives were brought on record. On 22-5-1997 the Court passed an order as follows: