LAWS(MPH)-1987-1-1

KESHARBAI Vs. BANK OF BARODA

Decided On January 06, 1987
KESHARBAI Appellant
V/S
BANK OF BARODA Respondents

JUDGEMENT

(1.) This appeal under O.43, R.1(j) of the Civil P.C., 1908 (for short 'the Code') is directed against the order dated 13-8-1984 passed by the Additional Judge to the District Judge, Ujjain the Execution Case No. 42-A of 1976 disposing of the judgement-debtor's application, under O.21, R.90 of the Code.

(2.) It is not in dispute that the Bank of Baroda, respondent No. 1, had obtained a money decreed dated 9-12-1976 against one Bhuwanji. He was served with the notice under O.21, R.66 of the Code but had made no submissions. Ultimately, in the execution of the decree his agricultural land was sold for Rs. 33,500/- in Court auction. The sale had commenced on 15-7-82 on the spot and was ultimately knocked down on 11-8-82 in the Court premises.

(3.) Respondent No. 2 Sajanbai has been declared to be the purchaser. The highest bid on the spot by one Ganesh was of Rs. 17,000/- only.