NARINDER KUMAR Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This is second appeal in execution filed by the Auction Purchaser, being aggrieved against both the orders of the Courts below, whereby the judgment debtor has been allowed to make the deficiency of 5% in the purchase money as required under Order 21 Rule 89 of CPC.

(2.) In brief, the State Bank of India, filed a suit for recovery against respondent Nos.2 to 5, which was decreed on 14.9.2005. It filed an application for execution on 21.3.2006 which was dismissed as partly satisfied on 29.9.2007. Thereafter, the present execution was filed for realising the remaining decretal amount by way of sale of mortgaged property belonging to judgment debtor No.3.

(3.) When the application was filed under Order 21 Rule 66 CPC for proclamation of sale, objections were filed on behalf of Judgment debtors No.3 and 4 stating that they had deposited '7,26,300/- on different dates and now only a sum of '3,63,126.13 has remained due towards the decretal amount.