JASBIR SINGH Vs. INDIAN BANK

JUDGEMENT

(1.) This is a revision petition against the order dated 5.4.1999 passed by the Additional District Judge, impleading present respondent No. 1 Indian Bank as a necessary party in the execution petition filed by Harbachan Kaur etc. (decree holders including present petitioner Jasbir Singh) against State of Punjab.

(2.) The facts, which are necessary for the disposal of the present revision petition, are that the land of present petitioner, Jasbir Singh and his brother, was acquired by the State of Punjab for establishment of Industrial Focal Point at Mohali (S.A.S. Nagar). The Collector gave his award in favour of the claimants. Feeling dis-satisfied, the claiments filed a petition under Section 18 of the Land Acquisition Act, for enhancement of compensation and the same was allowed by the learned Additional District Judge. In execution of the said award, the State of Punjab deposited the enhanced amount of compensation for being paid to the decree holders. In the meanwhile, present respondent No. 1 i.e. Indian Bank filed an application under Order 1 Rule 10 read with Section 151 C.P., for being impleaded as a party to the execution petition on the ground that Jastvir Singh, decree holder, had executed a registered mortgage deed in respect of the land in question in favour of the said Bank against loan taken by the firm known as M/s. Cornucopia, in which Jasbir Singh was one of the Directors/Guarantors. It was further alleged that Jasbir Singh, claimant, had defaulted in making the payment of loan, as a result of which the Bank filed a suit for recovery of Rs. 5,26,978.98 and the suit was decreed in favour of the Bank alongwith interest and costs payable by Jasbir Singh. It was alleged that since the compensation payable to Jasbir Singh, claimant, pertains to the same land which was mortgaged with the applicant-Bank, the applicant-Bank be impleaded as a party to the execution proceedings. The said application moved by the Indian Bank was contested by Jasbir Singh, decree holder, by filing written reply. The learned executing Court (A.D.J.), after hearing both sides vide order dated 5.4.1999, allowed the application of the Indian Bank and impleaded it as a party in the execution proceedings being a necessary party. Aggrieved against the said order dated 5.4.1999 passed by the Additional District Judge, the present revision petition was filed by Jasbir Singh, decree holder.

(3.) Notice of motion was issued. Counsel for the parties have been heard.