MOOLI DEVI Vs. PAREEK COMMERCIAL BANK

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated September 10, 1976 of the learned Single Judge in Civil Suit No. 1 of 1970 hereby the learned Judge dismissed the suit of the plaintiff under Order XXI, Rule 63, Civil P.C., and refused to set side the attachment dated February 13, 1960 and the sale effected on April 28, 1968 of the property in dispute.

(2.) TERSELY speaking the facts giving rise to the present appeal are that the Pareek Commercial Bank became a public limited concern in October 1943 and Vastulal Partek respondent No. 2, father of the appellant remained Chairman and Principal Officer of the Bank till the date of liquidation. Prior to liquidation he committed a breach of trust regarding defalcation resulting in a loss to the Bank. The Bank was ordered to be wound up in July 1952 and in the same year a liquidator was appointed. On an application filed under Section 235 of the Companies Act, 1913 by the Liquidator this Court ordered Vastulal to pay a sum of Rs. 1713.32 paisa and Rs. 13049 35 paisa and Rs. 39.527.34 paisa with interest at the rate of 6% per annum The amount payable on February 13, 1960 including interest came to Rs. 54, 35991 paisa During the course of recovery of this amount the suit property along with the other properties was attached. Being aggrieved by the attachment Vastulal filed an objection petition dated May 5, 1961 Ex. A.1 against attachment and sale. In para No. 3 of the application the disputed property has been shown to be as that of Vastulal. The appellant also filed an application under Order XXI, Rule 58 Civil P.C., which was rejected by the Court, and thereafter the present suit was filed.

(3.) ON the pleadings of the parties the learned Single Judge framed ten issues. While deciding Issues Nos. 1, 2 and 3 the learned Judge noticed the following infirmities in the case of the appellant: