PITABASH Vs. ORISSA STATE FINANCIAL CORPN

JUDGEMENT

(1.) The question that has arisen in these two matters - a Civil Revision and a Miscellaneous Appeal have been filed by way of abundant caution - is, if the provisions contained in O.21, R.58 of the C.P.C. are applicable to proceeding under S.31 of the State Financial Corporation Act, 1951 (Central Act No. LXIII of 1951) (Hereinafter called 'the Act') read with S.32 thereof.

(2.) Shorn of unnecessary details, the facts in short are : One Parikhit Chhotary, brother of the petitioner, had obtained a loan from the Orissa State Financial Corporation (hereinafter called, 'the Corporation') mortgaging certain property as security for the loan. On his default in payment of loan, steps were taken for sale of the property mortgaged. In course of the proceeding, the property was directed to be sold. At this stage, the petitioner, brother of Parikhit, filed an application under O.21, R.58 of the C.P.C. for the lifting of the order of attachment and release of his property from the proposed sale. The learned District Judge rejected the application as incompetent holding that the provisions contained in O.21, R.58 were not applicable to proceeding under S.32 of the Act.

(3.) Not being sure about the legal position, the claimant has filed an appeal as well as a revision. For convenience I would treat the claimant as the appellant.