Agarwala, J. - (1.) This is a judgment debtors' appeal arising out of execution proceedings.
(2.) The judgment-debtors are alleged to be agriculturists and their protected land could not be sold under the provisions of Section 17, U. P. Debt Redemption Act. Section 13 of the Act provides an exception in favour of a bank. Both the Courts below have held that the loan in this case was advanced by the Benaras State Bank and not by the plaintiff Maharaja Bebhuti Narain Singh, Maharaja of Banaras, personally. They have, therefore, dismissed the objections of the judgment-debtors to the execution of the decree by sale of the protected land.
(3.) The only point urged in this appeal is that the lower Court was wrong in holding that the present case fell within the purview of Section 13. The argument is that the plaintiff stated in the plaint that he was the owner of the Slate Bank and he sued in that capacity and that if that was so, then it could not be a bank because Under Section 2 (4) a bank must be a company.;