GAJE SINGH Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) Civil Suit No. 24 of 1995 titled Punjab National Bank vs. Gaje Singh and others was decreed for the recovery of Rs. 1,06,274/- by Subordinate Judge First Class, Jagadhari on 5.12.85 in favour of the Punjab National Bank against Gaje Singh and other defendants with costs of the suit by the sale of the mortgaged property as detailed and described in the heading of the plaint. Plaintiff-bank was held entitled to charge interest at the rate agreed from the defendants from the date of the institution of the suit till realisation. Plaintiff decree holder bank put in execution.

(2.) JD Gaje Singh put in objections to the excitability of the decree urging that a sum totaling Rs. 2,79,000/- has been deposited with the bank by the JDs and nothing remains due from the JDs. Decree holder bank put in statement of accounts before the executing Court urging that a sum of Rs. 2,78,999.85 was due from the JDs i.e. Rs. 1,06,274/- at the date of suit, Rs. 10,474.85 as costs of the suit, Rs. 1,62,350/- as interest from 10.1.85 till date at the agreed rate on the basis of the statement of accounts furnished by the Punjab National Bank before the executing Court, the executing Court issued notice calling upon the JDs to deposit the amount of Rs. 2,78,999.85. It was mentioned that if the JDs fail to deposit this amount, their lands shall be put to sale. After receiving the notice, JDs deposited various amounts on different dates, totaling Rs. 2,79,000/-. JDs alleged that the decree dated 5.12.85 stood satisfied with the deposit of the amount totaling Rs. 2,79,000/-. It was urged that execution petition should have been dismissed as fully satisfied but it was not dismissed as fully satisfied as the JDs could not inspect the execution file and satisfy the executing Court that there was nothing due against the JDs. JDs put in objections that the entire claim of the bank already stood satisfied with the payment of the totaling amount Rs. 2,79,000/-. Executing Court allowed the bank to put in another statement of account and on the basis of the said statement of account held the JD in arrears to the tune of Rs. 2,09,307/- over and above what had already been paid towards the decree. Executing Court passed order Annexure P1 declining the objections of the JD and decided that execution could not be dismissed as satisfied as amount to the tune of Rs. 2,09,307/- was still due towards the decree in question.

(3.) Aggrieved from this order dated 18.12.1997; Gaje Singh has knocked the door of this Court through this revision.