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1993 Supreme(SC) 765

P.B.SAWANT, YOGESHWAR DAYAL
Satyanarain Bajoria – Appellant
Versus
Ramnarain Tibrewal – Respondent


Advocates:
A.SHARAN, G.S.MISHRA

Judgement Key Points

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Judgment

YOGESHWAR DAYAL, J.:- Special leave granted.

2. With the counsel of learned counsel for the parties the appeal itself was heard and is being disposed of.

3. This appeal has been filed by Satyanarain Bajoria and another, judgment-debtor, against the order of the High Court dated 8th April, 1986 whereby the High Court dismissed Civil Revision No. 385 of 1986 filed by the judgment-debtor against the order dated 28th November, 1985 passed by the Additional District & Sessions Judge-VI, Munger, who had accepted the appeal filed by the respondents,/ decree-holder against the order of the executing court dated 19th July, 1984 passed in Misc. Case No. 28 of 1978 under Order 21, Rule 90 of the Code of Civil Procedure whereby the trial court set aside the auction sale in Money Execution Case No. 19/55 of 1968.

4. It appears that the judgment debtor was granted a loan of Rs. 4,000 /- and a decree for Rupees 8,256.05 ps. was passed against the judgment debtor in 1964. In November, 1964 the judgment-debtor deposited Rs. 8,000/- in the trial court. On 4th January, 1965 the judgment debtor deposited a further sum of Rs. 391.55 and thought that he had satisfied the decree. On 29th November, 1





























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