RAJBIR JAGPAL SINGH Vs. SANDEEP KUMAR SINGLA

JUDGEMENT

(1.) THIS is defendant's second appeal against whom suit for recovery of Rs. 1,40,845 75 was decreed by the trial Court but instalments were allowed whereas in appeal filed by the plaintiff bank the said decree of the trial Court was set aside and a decree as contemplated under order 34 of the Civil Procedure Code was passed for sale of the hypothecated property.

(2.) LEARNED Counsel for the defendant appellant submitted that the defendants never contested the suit in the trial Court and, therefore, the suit was decreed and instalments were allowed. According to the learned counsel in such a situation no appeal was competent in the Court of District Judge, Gurgaon.

(3.) I do not find any merit in this contention. It was not a simple suit for recovery of money the suit was filed under Order 34 for sale of the hypothecated property. Since the trial Court failed to pass the said decree appeal was filed on behalf of the plaintiff-bank and that being so the decree has now been rightly passed by the lower appellate Court under Order 34 C. P. C.