KASTURI DEVI JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) The Judgment Debtor (Guarantor) has questioned the legality and propriety of an order passed by IVth Additional District Judge, Morena on date 13-4-2006, in Execution Case No. 2-A/2000 x 2004, whereby an application preferred under Section 151 of the Code of Civil Procedure, by the Borrower/ Guarantor for treating the entire execution proceedings to be premature, has been dismissed.

(2.) One Dilip Singh Parmar has taken financial assistance from Union Bank of India for making Furniture of his Restaurant, situated at Morena, in the sum of Rupees Three Lacs and the present petitioner (defendant No. 2) had furnished and equitable mortgage of House No. 117/1 for securing the financial assistance/loan with the Bank on date 22-7-1972. The Bank has advanced the financial assistance of Rs. 1,20,000/-, Rs. 1,13,200/- and Rs. 72,490/- in the year 1996 on different dates and the borrower had admitted the liability of making payment to the Bank of the entire due amount of Rs. 3,11,903/- and a Letter of Confirmation was executed on date 26-3-1997, but when in spite of demand of return of this amount, the same was not paid, the Bank had issued a notice and a suit for the recovery of Rs. 4,57,543/- was filed.

(3.) The Trial Court issued notice to the Borrower and Guarantor and after service of summons, the defendants entered their appearance before the Trial Court, but at the subsequent stage of hearing of suit, the defendants remained absent, compelling the Court to proceed ex parte against the defendants (Borrower and Guarantor) and to pass a Preliminary Decree on date 18-12-2001, in Civil Suit No. 2-A/2000. The 4th Additional District Judge, Morena, while deciding the suit ex parte, had drawn a preliminary decree in the following manner:-