STATE BANK OF PATIALA Vs. ALPANA INDUSTRIES

JUDGEMENT

(1.) The judgment debtors in the main execution proceedings, have filed this application under Order 1 Rule 10 read with section 151 of the Code of Civil Procedure requesting that Sapurdar, that is Mehar Chand Trust, Saproon, through its President and the National Insurance Company, Sector -17, Chandigarh, through its Manager, be also impleaded for imparting proper justice to them. Some of the grounds, amongst others, are that certain goods worth the value of the loan advance, that is Rs. 75,000, were pledged with the decree -holder and kept in the hired premises belonging to Mahar Chand Trust, Saproon at the monthly rental of rupees 80 per month payable by the judgment -debtors ; that the decree -holder while obtaining the decree did not bring this fact to notice of the Court and sought ex parte decree in question by playing fraud upon the Court; that the said decree has now been put by the decree -holder in execution and instead of getting their dues adjusted from the value of the said pledged goods, they have proceeded against the other property belonging to them. Under the circumstances, the application, referred to above, has been moved.

(2.) The application has been hotly contested the decree -holder on the ground that it is neither maintainable nor on the basis of acts and conducts of the judgment -debtors it can be gone into by this Court at this stage as none of the aforesaid persons are necessary parties. Rather, according to them, the said application being merely to delay the execution, proceedings, is mis -conceived.

(3.) In rejoinder, the contentions raised by the decree -holder have again been refuted and that of the application are reiterated. At this stage, it would be pertinent to detail that the allegation with respect to the pledging of the goods with the decree -holder -Bank in the. aforesaid premises has not been denied by the decree -holder. Rather, it has been admitted that the applicants -judgment -debtors have moved an application before the learned Senior Sub -Judge, Solan for redemption of the pledged goods/raw - material to the applicants or its adjustment in value towards the outstanding dues of the decree -holder.