S.S.SODHI, J. - (1.) RESPONDENT No. 2 is not present in person nor through counsel despite service.
(2.) THE matter here concerns the release of the truck HRO-817 on supardari, during the pendency of the trial with regard to it. The petitioner Subhash Chander, who claims to be the owner of the said truck made a repot to the police on October 5, 1986 regarding the theft of this truck by respondent No. 2, who claims to be the financier of this truck and two others. On the registration of this case the truck was taken into possession by the police. Both the parties, that is, the petitioner and respondent No. 2 thereafter applied for the release of the truck on supardari. The trial Magistrate, vide his order of November 2, 1981, ordered the release of the truck to respondent No. 2.
(3.) THE petitioner, thereafter, moved the civil court claiming a declaration that he was the owner of the truck in question. An application under order 39 rules 1 and 2 of the Code of Civil Procedure was also filed whereby the respondent No. 2 was restrained from detaining the truck till the decision of the suit. Armed with this order, the petitioner moved the trial Magistrate again for the truck being given to him on supardari. This request was declined by the order of July 27, 1987 and it is the order that is not challenged in revision.;