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2002 Supreme(P&H) 610

M.M.KUMAR
Sher Singh – Appellant
Versus
State Bank of Patiala, Branch Jakhepal – Respondent


Advocates Appeared:
For the Petitioner:Mr. K.S. Chahal, Advocate.
For the Respondents: None.

JUDGMENT

M.M. Kumar, J. - This revision petition is directed against the order dated 16.3.2002 passed by the Civil Judge (Junior Division), Sunam dismissing the objections of the petitioner to the sale conducted on 28.1.2002.

2. Brief facts of the case are that judgment and decree dated 20.2.2001 was passed in Civil Suit No. 83 dated 16.4.2002 decreeing the suit for a total sum of Rs. 3,98,142/-. The decree holder-respondent filed an application seeking execution of the decree. It is during the execution proceedings that attachment orders were issued and the petitioner filed objections under Order 21 Rule 66 of the Code of Civil Procedure, 1908 (for brevity the Code) which were dismissed. Thereafter the attached property was put to auction. Warrants directing sale of the property were received back unexecuted with the report that no one was ready to bid for the property. Thereafter, the bank filed an application under Order 21 Rule 12 of the Code seeking permission of the Court to itself bid at the auction. However, for the reasons best known to the decree holder, the application was withdrawn and the warrants directing sale of the property were issued again. Sale was conducted on 2


















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