SUKH DEV PRASAD PURI Vs. CANARA BANK

JUDGEMENT

(1.) In the instant First Appeal the intricacies involved in civil litigations perhaps stand stretched to the farthest and the point for determination is whether Kothi No. (Old 3) New 4/114-C, Civil Lines, Bagh Farzana, Agra (hereinafter referred to as the disputed property) could be proceeded against in execution of the ex parte decree dated 30-4-1979 arising out of the Original Suit No. 20 of 1977, Canara Bank v. M/s. Modern Tin printers and others for recovery of Rs. 2,12,622.64 p. because the said execution is being resisted by the appellant Sukhdev Prasad Puri on the ground that the disputed property has been purchased by him in an auction sale held on 30-10-85 by the Additional Collector, Agra in proceedings for realisation of Sales Tax dues then pending against the said Firm M/s. Modern Tin Printers and Fabricators Agra. The judgment prepared by Hon. S. K. Jain, J. in so far as it dismisses the appeal is respectfully concurred, but for the added reasons set out by this Court hereunder.

(2.) Sri Ravi Kant, learned Advocate for the appellant has argued the matter at length while Sri U. N. Sharma has put in appearance on behalf of the respondents Nos. 2 to 14, Sri Prakash Chandra Srivastava has appeared for Canara Bank, Sadar Bazar Branch, Agra. It may be pointed out that before the F.A.F.O. could be admitted, the respondents put in appearance through a caveat and consequently on 7-11-98 the appellant's counsel was provided time to file an affidavit bringing on record the necessary facts for effective disposal of the appeal itself and consequently a supplementary affidavit sworn by Y. K. Sharma was filed by the appellant. The execution of the order of the Court below was stayed until further orders.

(3.) . In order to resolve the controversy between the parties noted above, facts have to be clearly delineated.