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2002 Supreme(HP) 137

K.C.SOOD
SEEMA TRADING COMPANY – Appellant
Versus
P. N. B. – Respondent


Advocates Appeared:
Mr. Chirag Bhanu Singh, Advocate, for the Petitioner; Mrs. Devyani Sharma, Advocate, for the Respondent No. 1.

JUDGMENT

Kuldip Chand Sood, J.—This revision petition arises out of the orders of the learned Senior Sub Judge, Mandi, dated 16th January, 2002.

2. It appears, petitioner-judgment debtor, Seema Trading Company, had taken certain advances from the decree holder Punjab National Bank. The loan amount was not paid to the bank. A suit was filed by the bank for the recovery of the amount due to the bank. Judgment debtor suffered a decree, dated 27th March, 1996, for Rs. 36,356 alongwith interest pendente lite and future at the rate of 17.5% per annum with quarterly rests till the realisation of the decretal amount. The decretal amount was not paid by the judgment debtor. The decree holder brought an execution petition before the trial Court qua Rs. 1,09,448.90 paise, which included interest and costs as well as the costs of the execution. The judgment debtor filed objections under Section 47 of the Code of Civil Procedure claiming that the house/ building of the judgment debtor, which was located in Mohalla Mangwain of Mandi Town, sought to be attached in execution by the decree holder, is exempt from attachment being a residential house in which the judgment debtor and his family members






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