SUBHASH CHANDER SHARMA Vs. STATE BANK OF PATIALA

JUDGEMENT

(1.) Order dated 7.10.2011 (Annexure P-3) vide which objections preferred by the JDs in the course of execution proceedings of judgment and decree dated 3.9.2001, were dismissed, is under challenge in this petition.

(2.) It is of relevance to mention that the decree holder-bank had filed a suit on 22.12.1994, interalia, against the petitioner-JD for recovery of Rs.89,305/- alongwith pendente lite and future interest @ 12.5% per annum with quarterly rests. The guarantors of the petitioner-JD were not parties before the court in the said suit which was decreed in favour of the bank on 3.9.2001. No appeal was preferred by the defendant-JD, petitioner herein. During the proceedings of the execution of the decree, the JDs took up a stand that they were never served in the suit and had no knowledge of proceedings therein earlier to 25.9.2011. Claiming the decree passed against them to be fraudulent and having been passed without an opportunity of being heard given to the JDs, it was claimed that the JDs had got a loan amount of Rs.45,000/- only from the DH-bank out of which Rs.43,000/- had been paid. It is claimed that it was also assured by the bank that the birds in the poultry farm will be insured and for that purpose, an amount of Rs.3,000/- had been deducted from the said loan amount. In short, it is claimed that after few months, the chickens had died due to illness and the JDs had lodged a claim with the National Insurance Company Limited from where assurance had been given to the JDs that the claim will be transferred to the plaintiff-bank. Claiming that the JDs were innocent, old persons, prayer for acceptance of the objection petition was made.

(3.) This objection petition was strongly contested by the Bank. In reply, so preferred, it was elaborately explained that the suit was filed long back and the decree was made on 3.9.2001. It is claimed that no payment had been made by the JDs. Prayer for dismissal of the objection petition with special costs was made.