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1962 Supreme(P&H) 148

TEK CHAND
Punjab Mercantile Bank Ltd. – Appellant
Versus
Sardar Kishan Singh – Respondent


Judgment

Tek Chand, J.

1. These arc two cases involving common questions and may be disposed of by one order (L. M. 42 and L. M. 85 of 1962).

On 12th September, 1958, I allowed the claim of Punjab Mercantile Bank Ltd., (in liquidation) against Kishan Singh for Rs. 1,52,423-2-0 and passed a preliminary mortgage decree in favour of the bank. This decree was made final on 6th November 1958. Execution was taken out by the official liquidator of the bank on nth December, 1959. In the meanwhile the respondent Kishan Singh preferred appeals from the preliminary and final decrees to the Letters Patent Bench which were unsuccessful.

On 22nd September, 1961, the official liquidator preferred a petition to this Court under Order 21, Rule 66, praying that a house situated in village Gujjarpur, district Hoshiarpur, besides land measuring about 10 acres in that village, be sold in execution of the decree. On 2nd February, 1962, I passed the following order :

"Let the sale be held of the house in Hoshiarpur on 9th March, 1962, and sale-proclamation be affixed on the premises on 12th February, 1962. Case to come up on 16th March, 1962. Let the house in Jullundur be attached."

The official liquidato



































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