- (1.) Leave granted.
(2.) In the appeal arising out of S. L. P. (C) No. 21773/97 the order of the Division Bench of the High Court of Delhi dated 8-7-97 in F. A. O. (OS) No. 157/97 is in question. In the appeal arising out of S. L. P. (C) No. 9605/98 the subsequent order of the Execution Court dated 10-7-97 passed in Suit No. 31/84 is in question.
(3.) The appellant-plaintiff, the Lakshmi Commercial Bank Ltd. which was subsequently merged with the Canara Bank, has admittedly granted a loan in 1975 to the defendants. The appellant filed a mortgage suit for recovery of the amount and the suit was contested on various grounds by the defendants. The defendants filed written statement on 15-10-1984 and subsequently issues were framed in 1986. The first defendant died thereafter and legal representatives were brought on record. On 22-5-1997 the Court passed an order as follows: "I heard the learned counsel for the parties. This matter is pending in this Court for 17 years and now Mr. Kohli appearing for defendants 1 and 2 had made a reasonable offer paying today Rs. 6 lakhs by pay Order No. 013859 dated 10-5-97 drawn on Bank of India. Pahar Ganj, New Delhi. Having regard to the peculiar facts and circumstances of the case, the Court is passing this order with a view to cutting short litigation and appreciating the bona fide offer made by the defendants and without going into the rival contentions of the parties, I fix the total amount of Rs. 8 lakhs. The balance amount of Rs. 2 lakhs shall be paid on or before 30-6-1997. On payment of Rs. 2 lakhs the entire claim of the parties shall stand satisfied. Post the matter on 7th July, 1997." ;