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1997 Supreme(P&H) 1742

SWATANTER KUMAR
Rocky Tyres, Chandigarh – Appellant
Versus
Ajit Jain – Respondent


Judgment

1. This revision petition was taken up for hearing out of turn when the order of Hon ble Supreme Court of India dated 21-11-1997 was brought to the notice of the Court by the registry on 2-12-1997. The matter was listed on 3-12-1997 when this Court passed the following order :-

"This petition has come up for hearing today in furtherance to the order of Hon ble Supreme Court of India dated 21-11-1997 where their Lordships have desired that this revision petition should be decided as early as possible and preferably within a period of three weeks.Learned counsel appearing for the parties pray for time to argue the matter. List this matter on 8-12-1997."

2. It will be necessary to refer to the facts giving rise to the present revision as it arises from a protracted litigation between the parties since 1976. State Bank of India had filed a suit for recovery of Rs. 5,22,585.37 paise with costs and interest against Rocky Tyres and others. A decree was passed in favour of the Bank and against the defendants in the suit on 7-4-1976. Having failed to recover its dues the decree holder-Bank filed an execution application on 12-8-1976 and after following the due process the property w























































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