PARVESH KUMARI Vs. HARJINDER SINGH & ORS.

JUDGEMENT

(1.) PRESENT revision petition has been filed against an order passed by the learned Additional Civil Judge (Senior Division), Amritsar, vide which the objection petition filed by the Judgment Debtor against the sale has been entertained and issues have been ordered to be framed.

(2.) THE Punjab National Bank, Amritsar had filed a suit for recovery against M/s Sea Lord Industries and others and the said suit was decreed on 11.9.1980. In execution of the said decree the property belonging to Bhur Singh and Harjinder Singh was attached and auctioned on 7.2.1998. The said sale was confirmed as no objections were filed against the auction held on 21.3.1998, and accordingly, the sale certificate was also issued in favour of the petitioner-auction purchaser on 3.4.1998 vide Annexure P.1 attached with the petition and consequently the execution application was disposed of having been satisfied on 4.4.1998 vide order Annexure P.3.

(3.) LEARNED Executing Court by interpreting the provisions of Order 21 Rule 90 of the Code came to the conclusion that as no sale can be set aside without coming to the conclusion that on account of irregularity or fraud the appellant has suffered substantial injury, therefore, it is incumbent upon the Court to first allow the parties to lead evidence and it is thereafter that application under Order 21 Rule 90 of the Code can be disposed off.