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2017 Supreme(HP) 367

TARLOK SINGH CHAUHAN
H. P. State Cooperative Bank Ltd. – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Petitioner:Mr. Y.P. Sood, Advocate.
For the Respondents: Ms. Meenakshi Sharma, Addl. A.G. with Mr. Neeraj Sharma, Dy. A.G. and Mr. J.S. Guleria, Asstt. A.G.

JUDGMENT :

Tarlok Singh Chauhan, J.

The plaintiff is the appellant, who aggrieved by the judgment and decree passed by the learned courts below, has filed this Regular Second Appeal invoking section 100 of the Code of Civil Procedure.

The parties shall be referred to as the plaintiff and defendant.

2. The plaintiff filed a suit for declaration and injunction against the defendants on the allegation that the suit property owned by one Sh. Kewal Krishan Sood was mortgaged with the plaintiff-bank in order to secure repayment of the loan advanced to him. The charge of the bank was duly recorded in the revenue record and requisite mutations in this behalf also stood entered and attested in its favour. Since the borrower did not repay the loan, as per the agreement, therefore, the plaintiff had the right to recover the loan by sale of the mortgaged property having first charge on the same. It was the further case of the plaintiff that the order dated 4.2.2004 passed by defendant No.1 attaching the suit property for recovery of the Government dues was illegal, wrong, null and void and not binding upon the plaintiff-bank so far as the same was against the plaintiff. Lastly, it was contended th









































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