CHANDRA JAYARAM NAIDU Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) These two revision petitions arise out of common order dated 27.6.2011 in IA Nos. 61 and 62 of 2007 in OS NO. 25/1997 on the file of the learned Senior Civil Judge, Puttur, and hence they are heard and being disposed of by this common order. Despite service of notice, no one appeared for the respondent.

(2.) The petitioners are the judgment-debtors in the above mentioned suit filed by the respondent for recovery of mortgage amount. A preliminary decree was passed in the suit on 5.11.1998. The respondent filed an application for passing the final decree. It was filed IA No. 61/2007 for condonation of delay of 1736 days in filing the said application for passing the final decree. As the original defendant died on 5.1.2000, the respondent filed another application for bringing on record petitioner Nos. 2 to 5, as the legal representatives of the original defendant, as respondents, in the final decree proceedings. As there was a delay of 2588 days in filing the said application, the respondent filed IA No. 62/ 2007 for condonation of the said delay. Both the applications were opposed by the petitioners. However the Court below has allowed the applications. Hence, the petitioners filed the present civil revision petitions invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.

(3.) A perusal of the order passed by the lower Court would show that it has given a categorical finding that even though the Manager of the respondent-bank who was in office at the time of filing the applications may not be negligent, there is negligence on the part of the respondent-bank in filing the applications within a reasonable time. The lower Court has also rendered a conclusive finding that the delay in filing both the applications is abnormal. However, by a strange process of reasoning that since the respondent is a bank and money belongs to the public, the lower Court has allowed the applications despite finding the respondent as being negligent in pursuing its cause.