BALBIR SINGH Vs. PUNJAB AND SIND BANK

JUDGEMENT

(1.) The Civil judge (junior Division), Dabwali, by order dated June 9, 1998, in the execution proceeding, ordered detention of the judgment-debtor, Balbir Singh, in civil prison for one month as the latter had failed to pay the decretal amount to the decreeholder, Punjab and Sind Bank, despite having availed of sufficient time. The executing court noticed that execution proceeding was pending since January 11, 1992. It, therefore, took the view that the judgment-debtor was not, any more, entitled to any concession.

(2.) This is a civil revision by the judgment-debtor against the order dated June 9, 1998, passed by the executing court.

(3.) The brief facts, giving rise to the execution petition, are that Balbir Singh, took a loan amounting to Rs. 75,000 on February 11, 1984, from Punjab and Sind Bank. Land measuring 92 kanals 19 marlas, situated in village Risalia Khera, Tehsil Dabwali, District Sirsa, was put by the borrower under equitable mortgage. However, the borrower, Balbir Singh, could not repay the loan and the bank, therefore, filed, in the year 1990, a civil suit for recovery of money. The suit was decreed on October 30, 1991, by Sub-Judge, Dabwali. It was made clear by the court, in the decree, that the plaintiff-bank shall be at liberty to recover the decretal amount from the sale proceeds of the agricultural land, mortgaged by the defendant with the bank under the mortgage deed dated February 10, 1984.