AMAR SINGH Vs. STATE BANK OF PATIALA

JUDGEMENT

(1.) This revision petition is against the order of the Executing Court dated 28th Sept. 1991 whereby the petitioner's objections under Section 47 of the Civil Procedure Code read with Section 151 of the C.P.C. have been dismissed. Facts in brief are that petitioner (judgment- debtor) applied for grant of agricultural term loan for purchasing a tractor and other agricultural implements to respondent No. 1 (decree-holder) vide his application dated 28th March, 1980 and a loan of Rs. 49,000/- was granted to the petitioner for purchasing the tractor and other implements. An agreement of hypothecation dated 3.4.80 was drawn in favour of respondent No. 1. Admittedly this amount was received by the judgment-debtor, and out of this amount he paid back a sum of Rs. 21,000/-.