SEWAKRAM Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This revision petition is directed against the order dated 23.8.1989 by the Vth Additional Judge to the District Judge, Indore in Civil Suit No. 108/88 whereby the application of the respondent No. 1 State Bank of India, under Order 39 rule 6 read with Section 151 of the Civil Procedure Code, 1908 (for short 'the code') for sale of the Bus in question has been allowed.

(2.) Circumstances giving rise to the revision petition are these. The respondent No. 1, State Bank of India, Industrial Estate Branch, Indore instituted the aforesaid suit on 23.6.88 for a decree for Rs. 77,724.90 p. being the balance of the loan of Rs. 1,50,000/- advanced by it to the petitioner for purchase of a passenger bus (vide document dated 31.1.83). According to the plaint the loan was payable in 43 monthly instalments, the first being payable on 21.4.83 and was also to carry interest. The respondents 2 and 3 are the sons of the petitioner and are the guarantors. The bus bearing (registration No. MNP 8132) purchased out of the loan amount was hypothecated with the respondent No. 1 for the loan and its charge is also recorded in the records of the Regional Transport Authority (Vide certificate dated 11.5.1983).

(3.) A decree for sale of the bus has also been prayed for in the plaint.