BALBIR SINGH Vs. PUNJAB AND SIND BANK

JUDGEMENT

(1.) CM No.13568-CII of 2012 Allowed as prayed for. CIVIL REVISION NO.3086 OF 2012 Balbir Singh one of the legal representatives of judgment debtor No.3 Kartar Singh, since deceased, has filed this revision petition under Article 227 of the Constitution of India.

(2.) IN execution petition filed by respondent No.1-decree holder (DH) Punjab & Sind Bank, property of judgment debtor (JD) has been sold in favour of Hardev Singh and his wife Sharanjit Kaur respondents No.8 and 9 herein. Petitioner herein filed application under Order 21 Rule 90 read with Section 151 of the Code of Civil Procedure (in short, CPC) for setting aside the sale alleging that value of the property to be sold was not mentioned in the sale proclamation. The DH had given the value of the property as Rs. 5,00,000/- in application under Order 21 Rule 66 CPC. The petitioner had filed objections to the same pleading that value of the property was not less than Rs. 20,00,000/-. However the said objections were dismissed. It was pleaded that even value of Rs. 5,00,000/- as mentioned by DH was also not mentioned in the sale proclamation.

(3.) LEARNED Executing Court i.e. Additional Civil Judge (Senior Division), Tarn Taran vide impugned order dated 21.03.2012 (Annexure P-1) dismissed the application filed by Balbir Singh petitioner herein. Appeal against the said order preferred by Balbir Singh has also been dismissed by learned Additional District Judge, Tarn Taran vide impugned judgment dated 20.04.2012 Annexure P-2. Feeling aggrieved, Balbir Singh has filed this revision petition to challenge aforesaid orders of both the Courts below. I have heard learned counsel for the petitioner and perused the case file.