BEG RAJ Vs. PUNJAB AND SIND BANK

JUDGEMENT

(1.) The present revision petition has been filed by Beg Raj and another (hereinafter described as 'the petitioners') directed against the order passed by the learned Civil Judge (Jr. Division), Dabwali dated 18.7.1998. By virtue of the impugned order, the learned Court held that no lenient view can be taken and the petitioners were directed to be kept in civil imprisonment for a period of one month. The decree holder was directed to deposit the diet money pertaining to the Judgment debtors amounting to Rs. 450/- and Rs. 50/- as fare charges each.

(2.) Some of the relevant facts are that respondent No. 2 had taken a loan from the Punjab and Sind Bank on 11.2.1984. At the time of taking the loan, property (land) of respondent No. 2 was placed in equitable mortgage with the Bank. There was a default. A civil suit was filed for recovery. The same was decreed on 30.10.1991. The operative part of the judgment of the learned trial Court while decreeing the suit reads :

(3.) Learned counsel for the petitioners contends that firstly the trial Court should have attempted to recover the amount from the land which had been mortgaged and in any case the petitioners could not be sent to civil imprisonment till proper opportunity to contest in this regard had been granted.