BALVIR SINGH Vs. R.F.C. SRIGANGANAGAR

JUDGEMENT

(1.) The present revision petition has been preferred against the order dtd. 11/9/2006 passed by the District Judge, Sriganganagar in Civil Execution Case No.64/2000 whereby the objections under Order 21 Rule 22, CPC as preferred by objector/petitioner-Balvir Singh were rejected.

(2.) The facts are that an application under Sec. 31 of the State Financial Corporations Act, 1951 (hereinafter referred to as, 'the Act of 1951') was preferred by the Rajasthan Financial Corporation (hereinafter referred to as, 'RFC') with the averments that one Gurucharan Singh (non petitioner No.2) was granted a loan of Rs.1,99,000.00 by the RFC to purchase a truck. Balvir Singh (petitioner) and Shakuntala (non petitioner No.3) stood as guarantors for Gurucharan Singh qua the said loan. The loanee, Gurucharan Singh failed to repay the loan and hence, RFC be held entitled to recover the due amount from the properties of Balvir Singh and Shakuntala, the guarantors.

(3.) No reply to the said application was filed by Gurucharan Singh or Balvir Singh. However, Shakuntala did file a reply denying the execution of any such guarantee deed by her and submitted that without proceeding against the principal debtor i.e. Gurucharan Singh first, no recovery can be made from her/her properties.