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1994 Supreme(Pat) 365

B.L.YADAV
Ram Chandra Singh – Appellant
Versus
Arun Prakash Pandey Alias Bachcha Pandey – Respondent


Judgment

B. L. Yadav, J.

1. This is plaintiffs First Appeal From Order (M. A) dated 19-4-1994 passed by the Third Subordinate Judge, Motibari, rejecting the application for grant of temporary injunction in a suit filed by the present plaintiff-appellant for cancellation of the decree alleged to have been obtained in collussion and fraudulent manner (including an order of this Court in Civil revision No.1700 of 1990 ).

2. The cases of the appellant has got chequered history. The present plaintiff-appellant Ram Chandra Singh is an auction purchaser in execution of decree in favour of the State Bank of India, Motihari Branch in Mortgage suit No 88/9 of 1977/80 for recovery of the outstanding dues to the tune of rs.1, 15, 312 32 Paise against Arun Prakasb Pandey (respondent No.1), who had obtained an agricultural loan of Rs.68, 320/-, but failed to pay the same in time. Consequently the State Bank (respondent No.10) filed a suit for recovery of the amount along with interest, which was decreed and the property of respondent No.1 was put on auction sale and the appellant purchased the same at the auction sale.

3. In execution of decree Smt. Savitri Devi (respondent No.9), sister of Arun






















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