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2018 Supreme(P&H) 1963

RAJ MOHAN SINGH
Raj Iron Foundry & Engineering Works – Appellant
Versus
Bank of India – Respondent


For the Petitioners:Mr. Sanjiv Gupta&Mr. C.B. Goel, Advocates
For the Respondents:Ms. Gurdeep Kaur &Mr. Sandeep Sharma, Advocates

JUDGMENT

Mr. Raj Mohan Singh, J.:- This revision petition has been preferred by thepetitioners against the order dated 04.04.2006 passed byAdditional District Judge, Sonepat vide which order dated17.01.2006 passed by Civil Judge (Senior Division), Sonepat,dismissing the objections filed by the petitioners was upheld.

2. Civil Suit No.702 dated 02.12.1983 was filed byrespondent No.1/decree holder for recovery of Rs.61,843.20.Petitioner No.1 is a proprietorship firm who took loan fromrespondent No.1/Bank after mortgaging the suit land as securityfor repayment of the loan. Loan was not repaid as per terms andconditions of the loan. The suit was decreed vide judgment anddecree dated 09.06.1987 along with cost. In execution of thedecree, property of the firm was put to auction and was sold for aconsideration of Rs.2,80,000/- by the process of the Court.Objections were filed under Order 21 Rule 90 read with Section47 and 151 CPC on the ground of irregularity and fraud as theproperty did not exclusively belong to objector Rajender Parshad.The property was worth more than Rs.40,00,000/- and was soldat a meager amount of Rs.2,80,000/- in collusion with officials ofBank/decree holder and aucti

















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