BAHADUR CHAND Vs. MADAN LAL AND OTHERS

JUDGEMENT

(1.) This is second appeal against the order passed in the execution proceedings by learned Civil Judge (Senior Division), Faridkot, vide which, objections filed by M/s Dashmesh Aartia Cotton Factory, Jaitu through its partner against the auction of the attached property as well as objections filed by JD No.2 Bahadur Chand dated 16.5.2007 under Order XX1 Rule 90 read with Section 151 CPC to set aside the sale dated 20.4.2007 were dismissed. Two appeals, one preferred by Manohar Lal and the other by Bahadur Chand were also dismissed by learned Additional District Judge, Moga vide order dated 18.10.2008. The present appeal has been filed only by Bahadur Chand impugning the orders of the Courts below, vide which, his objections under Order XXI Rule 90 CPC were dismissed.

(2.) I have heard learned counsel for the appellant, learned counsel for respondent no.5 auction purchaser and have also carefully gone through the file.

(3.) The short background of the case is that in a suit filed by Madan Lal Goyal, decree holder plaintiff against firm Bahadur Chand Dina Nath Commission Agents through its partners Bahadur Chand, Dina Nath and Manohar Lal, a decree for recovery of Rs.4,42,427/- was passed. In the execution proceedings, the decree holder supplied the list of the properties, which were two shops, land measuring 25 kanals 16 marlas and land measuring 17 kanals 14 marlas belonging to M/s Dashmesh Aartia Cotton Factory, Jaitu, in which the said partners of firm Bahadur Chand Dina Nath had a share. The shops were stated to have already been sold. Therefore, the Court proceeded to attach the property of M/s Dashmesh Aartia Cotton Factory, Jaitu. Dina Nath, Bahadur Chand and Manohar Lal JDs were amongst the six partners of said M/s Dashmesh Aartia Cotton Factory, Jaitu. It comes out from the rapat no.711 dated 10.7.2006, Jaito III that out of said 19 kanals 9 marlas, the land measuring 5 kanals 7 marlas was attached for Rs.4,42,427/- along with interest @ 12% per annum. All the said three persons, namely, Dina Nath, Bahadur Chand and Manohar Lal had jointly 25.5% share in the said firm. The said property was then put to sale and it was sold for Rs.10,10,000/- on 20.04.2007 in favour of auction purchaser respondent no.5 vide auction conducted by Tehsildar on 16.5.2007.