DALIP SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) In the present case the appellant was a surety of Excise Contractor. The Excise Contractor did not pay the contract amount. Thereupon the recovery proceedings were started against the appellant-surety. In pursuance of recovery proceedings the land of the appellant measuring 38 kanals 18 marlas has been auctioned and sold. Respondent No. 3 Shri Nirmal Singh was declared auction-purchaser. The appellant filed a civil suit challenging the recovery proceedings initiated against him and also questioned the auction and sale of the property in dispute.

(2.) Subordinate Judge 1st Class, Kapurthala, dismissed the suit vide judgment and decree dated 15.1.1976. Aggrieved against the above order, the appellant filed an appeal in the Court of Additional District Judge, Kapurthala, which was also dismissed vide judgment and decree dated 16.8.1991.

(3.) Aggrieved against the aforesaid judgment and decree dated 16.8.1991 the appellant has filed the present Appeal. After summoning the records, the counsel for the parties were heard at great length.