DOUBLE SEVEN BAKERY Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) Civil Miscellaneous Application No. 1392-C of 1999 has been filed by the applicants under Section 5 of the Limitation Act for condonation of delay of 1991 days in filing the Regular Second Appeal.

(2.) I have heard the learned counsel for the applicant/appellants and have gone through the records of the case.

(3.) The suit for recovery of Rs. 2,07,655.80 filed by the respondent-Bank against the applicants-appellants and three others was decreed by the trial Court vide judgment and decree dated 06.05.1991. The trial Court allowed interest to the plaintiff-Bank at the agreed rate from the date of filing of the suit till the realisation of the decretal amount. Against the judgment and decree of the trial Court, the plaintiff-Bank filed an appeal before the lower appellate Court for modification of the decree and bringing it in consonance with the provisions of Order 34 of the Code of Civil Procedure (hereinafter referred to as the Code). The lower appellate Court accepted the appeal vide judgment and decree dated 03.06.1993 and modified the decree of the trial Court to the extent that the defendants will play the decretal amount with costs and interest as awarded by the trial Court within six months from the date of the order i.e. 03.06.1993 failing which the plaintiff-Bank will be at liberty to realise the decretal amount by sale of the property of defendants mortgaged and hypothecated with the Bank.