STATE BANK OF PATIALA Vs. DASHMESH SOAP MILLS

JUDGEMENT

(1.) PLAINTIFF -petitioner filed a suit for recovery of money by sale of mortgage property. Suit was decreed. Appeal there against was also dismissed. The plaintiff-bank thereafter took out execution and the decree was satisfied. It was at that point of time, the plaintiff-bank moved an application under Sections 151, 152 and 153 of the Code of Civil Procedure before the Trial Court seeking amendment of the decree, which according to the bank was not as per the judgment rendered by it in the suit. The application was partly accepted by the learned Addl. Senior Subordinate Judge, Nabha, by order dated 13. 6. 1988. It may be noticed at this stage that the main relief claimed in the application was declined on its own merits. Dissatisfied with the order of the trial Court, the plaintiff filed revision petition which was regisiered as Civil Revision 2431 of 1988. This revision was dismissed by S. D. Bajaj, J. (as his Lordship then was) by order dated 29. 9. 1988 which reads thus :

(2.) THE petitioner thereafter again moved an application before the trial Court which was dismissed by order dated 26. 7. 1991. Hence this petition. Section 153-A of the Code of Civil Procedure reads thus :

(3.) FOR the reasons stated above, this petition has no merit and the same is dismissed. No costs.