CENTRAL BANK OF INDIA Vs. SEWA SINGH

JUDGEMENT

(1.) CENTRAL Bank of India, Pehowa (hereinafter referred to as 'the Bank') has filed the present R. S. A. and it has been directed against the judgment and decree dated 19. 9. 1995 passed by the Court of District Judge, Kurukshetra, who affirmed the judgment and decree dated 29. 10. 1994 passed by the. Court of Sub Judge Ist Class, Pehowa.

(2.) BRIEF facts of the case are that the Bank filed a money suit for a sum of Rs. 2,17,912/- against the defendants under Order 34, C. P. C. , with a prayer that the suit amount along with future interest be realised by the sale of the mortgaged/hypothecated properties with the Bank.

(3.) THE Bank was not satisfied with the judgment and decree passed by the trial Court, perhaps for two reasons - firstly, the trial Court was not justified in granting interest on the principal advanced amount of Rs. 72,000/- and secondly, the trial Court did not order that the decretal amount be realised by the sale of mortgaged/hypothecated property.