CENTRAL BANK OF INDIA Vs. SANTOSH KUMAR AWASTHY

JUDGEMENT

(1.) L . This is a decree -holder's revision directed against an order of the 1st Additional District Judge. Bilaspur, dated 8 -11 -1977. rejecting its application under Order 21, rule 46 of the Code of Civil Procedure.

(2.) THE decree -holder, Central Bank of India, obtained a decree for Rs. 22,133.71 against the non applicants judgment -debtors on 8 -4 -1977, towards recovery of the loan advanced on pledgment of goods, i.e., the stock in trade. The decree provided inter alia that the decree -holder should, in the first instance, recover the decretal amount by sale of the pledged goods, before proceeding against the Judgment -debtors personally. The judgment -debtors were given time till 9 -5 -1977 to payoff the decretal amount. On failure of the judgment -debtors to deposit the decretal amount. on 9 -5 -1977, the decree -holder filed an application for execution.

(3.) THE learned Additional District Judge had earlier granted an adinterim exparte injunction restraining the Bank of Maharashtra, Bilaspur Branch, but by his subsequent order vacated the ad interim ex parte injunction and also rejected the decree -holder's application under Order 21, rule 46 of the Code.