S.L. CHOTANI Vs. BANK OF INDIA

JUDGEMENT

(1.) THIS is an appeal against the order dated 17-08- 2002 passed by the learned Civil Judge (Sr. Divn.), Ambala, and confirmed by the learned Additional District Judge, Ambala, vide which objections filed under Order 21 Rule 90 read with Section 151 of the Code of Civil Procedure by the appellant-judgment-debtor against the sale of mortgaged property have been ordered to be dismissed.

(2.) THE Bank of India filed a suit for recovery of Rs. 13,03,163.32 by enforcing its mortgagee right. The appellant-objector was a guarantor and as security of amount had mortgaged his property as collateral security for repayment of loan amount. On 4-12-1991, the defendant-judgment debtor was given six months' time to deposit the decretal amount failing which it was ordered that the plaintiff-bank would be at liberty to seek auction for sale of the mortgaged property. As the amount was not paid within the stipulated period, the property was ordered to be auctioned.

(3.) THE notice was given. However, the learned trial Court rejected the objections filed by the appellant by holding that once the remedy under Order 21 Rule 66 of the Code of Civil Procedure was not availed of by filing the objections, it was not open to the objector appellant to raise objections after the property was auctioned. It was held that inadequacy of the price of the property could not be a ground for setting aside the sale. The other grounds, as raised by the objector appellant, were also rejected. In appeal, the learned lower Appellate Court while affirming the findings of the learned trial Court, noticed that the appellant, in spite of offer having been made to pay the decretal amount, did not do so and, therefore, it was held that no ground was made out to accept the objections. Accordingly, the appeal was dismissed.