RAJENDRA PRASAD AGARWALLA Vs. ALLAHABAD BANK

JUDGEMENT

(1.) This appeal is directed against a judgement and order passed by the learned single Judge of this Court on 16th July 1985 whereby the learned Judge allowed the application of the plaintiff decree-holder for amendment of the tabular statement filed on or about 26th July, 1984 in the manner shown in red ink in a copy of the tabular statement being Annexure-X to the said application and for ancillary orders/directions.

(2.) The suit was filed by the Allahabad Bank Ltd., the predecessor-in-interest of the respondent No. 1 against the defendants whereby on the 4th Aug. 1972 a decree was passed against the defendant No. 2 for a sum of Rs. 71,722.45 P. with interest at the rate of 6% per annum on the principal sum of Rs. 70,000/- from 7-9-68 until realisation. On 26th July 1982 the execution application in tabular form was filed. In such Tabular Statement under column 10, that is, the mode in which the assistance of the Court is required, the following prayers were made :

(3.) It is to be pointed out that so far as the particulars of the immovable properties are concerned, the space provided for the same in the original Tabular Statement was left blank. Affidavits were filed by the parties and the matter was heard on part when an order was passed in terms of prayers (a) and (b) of Column 10 of the Tabular Statement. The partners were directed to file their affidavit disclosing their assets within three weeks. On 6th May 1985 the appellants filed an affidavit disclosing some of their assets. On 9th May 1985 this application for amendment of Tabular Statement was filed by the Bank. By such application for amendment, the following changes were sought to have been made in the Tabular Statement in respect of the particulars of immovable properties. On the face of that Tabular Statement the following particulars were given, which was left blank before, as already mentioned :- 1. Flat No. 27 Municipal Holding No. 58, Sarat Bose Road, Calcutta-20. 2. Flat belonging to Ghanshyamdas Agarwalla at Municipal Holding No. 5 Sarat Bose Road, Calcutta-20. In respect of Column 10 a new prayer was added being prayer (g) which is to the following effect :-