CHAND Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) The respondents filed a suit for recovery of Rs. 55,832.87 on account of principal amount and interest, together with future interest at the rate of 4-1/2% over and above the Reserve Bank of India, rate, with monthly restes from the date of the filing of the suit till its realisation, and a decree was, accordingly, passed in its favour. In execution of the decree, some immovable and movable properties of the judgment-debtors were sold, resulting in the recovery of Rs. 1,28,076.00.

(2.) The present petition under Section 47 of the Civil Procedure Code (hereinafter referred to as the Code) was filed by the judgment-debtors for setting aside the auction and in the alternative for determining the amount due to the decree-holder. Although many grounds were urged in the objection petition, but two of them which survive for decision of this petition are :-

(3.) The Executing Court rejected both the objections, being of the view that it could not to go behind the decree. Aggrieved thereby, the judgment-debtors have come up in this revision.