LAWS(P&H)-1989-11-6

PUSHPMALA JAIN Vs. BANK OF BARODA

Decided On November 16, 1989
PUSHPMALA JAIN Appellant
V/S
BANK OF BARODA Respondents

JUDGEMENT

(1.) THE petitioner, Smt. Pushpmala Jain, is the guarantor-judgment-debtor and challenges in this revision petition order dated May 16, 1987, passed by the Senior Sub-Judge, Rohtak, dismissing the objections filed by the judgment-debtors in execution of the decree.

(2.) THIS revision petition was earlier disposed of by D. V. Sehgal J, on October 26, 1988, in the absence of the Bank of Baroda, the decree-holder-respondent. On the application moved by the bank, the order was recalled by the Division Bench, vide its order dated September 27, 1989. Hence this revision petition being restored is for disposal. I have heard counsel for the parties.

(3.) TWO questions have been debated, firstly, relating to limitation for filing objections and, secondly, relating to exemption from sale of the portion of the house in dispute which was attached, The exemption was claimed under Section 60 (1) of the Code of Civil Procedure. The relevant facts may briefly be noticed as under :