NARAYAN CHANDRA DEB Vs. UNITED COMMERCIAL BANK

JUDGEMENT

(1.) This revision petition under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 15.5.2003 passed by the learned Civil Judge, Senior Division, Court No. 1, West Tripura, Agartala in Misc Case No.9 of 2002 arising out of Ext (T) No.41 of 1998.

(2.) The facts material for the disposal of this case may be briefly stated. The petitioner'defendant No. 1 is the son of the defendant No.2, now deceased. The defendant No.3, respondent No.2 herein is the stepmother of the petitioner. It would appear that the petitioner had taken a loan of Rs. 1,86,150/- (Rupees one lakh eighty six thousand and one hundred and fifty only) from the respondent- Bank in which both the deceased-defendant and the respondent No.2 had jointly mortgaged their landed properties as security for repayment of loan. It would further appear that when no repayment was made by the petitioner, the respondent-Bank instituted a suit being TS (Mort) No.59 of 1996 before the Civil Judge, Senior Division, Court No. 1, West Tripura, Agartala against the petitioner, the defendant No. 1 and the respondent No.2 herein for recovery of the loan amount with the interest accrued thereon as on 15.2.1996 amounting to Rs.5,95,472.50.

(3.) The admitted position is that by the judgment and order dated 15.4.1997, the learned Civil Judge passed preliminary decree under Order VIII Rule 10 of the Code when none of the defendants contested the suit. It is also undisputed that the same Court thereafter by the judgment dated 3.6.1998 passed a final decree in the suit. Thereupon the respondent-Bank filed execution petition before the learned Civil Judge, Senior Division, which was registered as Ext (T) 41 of 1998 whereupon notice was issued to the defendants. The petitioner thereupon appeared before the said executing Court and submitted his written objection under section 47 of the Code.