UCO BANK Vs. G L C LEATHER EXPORTS

JUDGEMENT

(1.) , J.

(2.) THE plaintiff bank has moved the present application Order 34 read with Section 151 Civil Procedure Code for drawing up final decree for sale of mortgaged property commonly known as 148-149, Block-C, Village Mundhka Rajdhani Park, Rohtak Road, Delhi. Vide judgment dated 27/9/1995, a preliminary decree was passed against the defendants under Order 34 Rule 4 Civil Procedure Code for recovery of Rs.7,15,145.00 with interest at the rate of 12% per annum thereon from the date of the suit to the plaintiff bank. THE defendants were to pay costs to the plaintiff bank. Accordingly, a preliminary decree for sale of mortgaged property under Order 34 Rule 4 Civil Procedure Code was drawn up. While passing me preliminary decree, me Court had granted six months time to pay the decretal amount and redeem the mortgage. Defendant No.4, who was the guarantor, had created an equitable mortgage of his property, as referred to above, in favour of the plaintiff bank. THE preliminary decree was passed ex-parte against the defendants, as despite service they had failed to put in appearance; THE present application has been moved for drawing up a final decree as the defendants have failed to pay the decretal amount and redeem me mortgage during the period of six months. While moving the present application for drawing up the final decree, plaintiff came to know that defendant No.4 had expired. An application for bringing on record his legal heirs was moved. Out of me four legal heirs, two of them were already on record as defendants No.2 and 3. Notices of the application for impleading them as legal heirs of defendant No.4 and notices of me application for drawing up final decree were issued to the heirs of defendant No.4. But despite service none appeared and all of them were proceeded ex-parte.