ORAL JUDGMENT

1. The present Second Appeal under Section 100 of Civil Procedure Code (hereinafter referred to as 'CPC') has been preferred against the judgment and decree dated 28.10.1997 passed by the learned Joint District Judge, Banaskantha, in Regular Civil Appeal No. 20 of 1988 whereby the decree passed by the trial Court in Regular Civil Suit No. 24 of 1978 came to be set-aside and the suit filed by the plaintiff came to be dismissed.

2. The appellant is the original plaintiff and respondents are the original defendants. The parties are referred to in this matter as per the character assigned to them before the learned trial Court.

3. The brief facts of the matter are as under:

3.1 The plaintiff had purchased land bearing Survey No.

175 of village Golgaon from the public auction. The said auction was held by the Special Recovery Officer of the Land Development Bank. The said action was held as the defendant No.2 failed to repay the loan amount to the bank and hence under the provisions of the Gujarat Co-operative Societies Act, the said auction was held by the Special Recovery Officer on 19.12.1972. In the said auction, as the plaintiff being the highest bidder, his proposal was