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1998 Supreme(All) 426

O.P.GARG
SUNDER THEATRES, REVISIONIST – Appellant
Versus
ALLAHABAD BANK, JHANSI – Respondent


Advocates Appeared:
D.V.Singh, P.K.Bisani, Sadhana Upadhyay, Sant Sharan Sharma, Shesh Kumar

O. P. GARG, J.

( 1 ) THIS is a time barred revision-application under Section 115 of the Code of Civil Procedure in which a prayer has been made that a decree dated 21-12-1990 passed by IVth Additional District Judge, Jhansi on the basis of the compromise filed in Original Suit No. 137 of 1988 Allahabad Bank v. Sunder Theatre and the subsequent order dated 7-11-1997 passed by VIth Additional District Judge, Jhansi in Misc. Case No. 15 of 1993 arising out of Execution Case No. 2 of 1991 be set aside.

( 2 ) COUNTER and rejoinder affidavits have been exchanged. Heard Sri P. P. Srivastava, Senior Advocate, assisted by Smt. Sadhna Upadhyay, learned counsel for the applicant-revisionist and Sri P. K. Bisaria for the opposite party No. 1- Allahabad Bank, Jhansi (Civil Line Branch ).


( 3 ) BRIEFLY stated, the facts of the case are that M/s. Sunder Theatres (Nandani Talkies), Civil Lines, Jhansi and its partners took a loan of Rs. 6,56,000. 00 on 7-11-1977 and executed a pronote as well as created an equitable mortgage. The amount of loan was not paid and consequently, Allahabad Bank, Civil Lines Branch, Jhansi opposite party No. 1 was compelled to file Original Suit No. 137 of 1988 for reco










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