LEKH RAM Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THIS revision has been filed against the order dated 7.6.2002 passed by Senior Sub Judge, Bilaspur, H.P. in Misc. Application No. 72/6 of 2002 in Execution Petition No. 23/10 of 1993, whereby the petitioners application under Order 21 Rule 94 read with Section 151, CPC was dismissed. While doing the same, the Court also directed that the certificate of sale be issued to Shri Rajender Singh - respondent No. 2 herein.

(2.) RESPONDENT No. 1 -Bank got a decree in its favour, inter alia, against the present petitioner for non -payment of certain advances made by the Bank. Respondent No. 1 filed Execution Petition No. 23/10 of 1993, titled as State Bank of India v. Balak Ram and others before the Senior Sub Judge, Bilaspur, H.P. and in the said proceedings immovable property of the petitioner -Judgment Debtor No. 4 (JD No. 4), comprising in Khata/Khatauni No. 13/16, Khasra No. 95, area 0.19 Bighas, situated in Village Daun (Chamakri Pull), Pargana Ghayalat, Tehsil Arki, District Solan, H.P. was ordered to be put to public auction. The same was sold on 5.9.1999 to respondent No. 2 in an open auction.

(3.) IT appears that since there was an error in the said order as the sale of the immovable property belonging to JD. No. 4/petitioner was not sold on 16.10.1999, but was in fact sold on 5.9.1999 and also the objections were pending, therefore, an application for review -rectification of the mistake was filed by the petitioner.