GHANSHAM DASS Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) A suit for recovery of Rs. 1,65,543/- along with interest was decreed in favour of the plaintiff respondent No. 1, on July 21, 1987. The petitioner was one of the defendants before the trial Court. He being defendants No. 2 before the trial Court, the decree was passed ex parte qua him whereas the suit was contested by the other defendants.

(2.) For the execution of the decree, the decree-holder filed execution application. The petitioner filed objections that the property owned by him is not liable to attachment. He has also averred that the truck which was hypothecated with the decree holder should be sold for the realisation of the decretal amount. The learned Executing Court did not accept the objections preferred by him on the ground that the truck is not available.

(3.) Considering that the petitioner had 1/2th share in the property sought to be attached, as per revenue record, it was ordered that the decretal amount be realised by putting the property to auction.