- (1.) This Regular Second Appeal is directed against the judgment and decree of the first Appellate Court dated 8.4.1993 reversing on appeal those of the trial Judge and dismissing the suit of the plaintiff appellant for declaration to the effect that his property was not liable to auction sale for the amount due from defendant-respondent No. 2.
(2.) Facts : Man Singh defendant No. 3 (hereinafter referred to as the principal debtor) purchased truck bearing registration No. HYT-377 on loan from the Haryana Financial Corporation (hereinafter referred to as the creditor). He hypothecated the truck vide deed of hypothecation dated 6.3.1984 in favour of the creditor. Harphul father of the debtor plaintiff-appellant (hereinafter referred to as the plaintiff) stood guarantor for repayment of the said loan with interest. The bond of guarantee dated 6.3.1984 was executed by him. The debtor defaulted in making the payment of the instalments of the principal alongwith interest. The creditor got the loan in accordance with the provisions of Section 30 of the State Financial Corporation Act, 1951 (for short the Act). The creditor approached the Managing Director, under Section 3 of the Haryana Public Money (Recovery of Dues Act) of 1979 (for short 1957 Act) for the recovery of Rs. 1,77,379.84 due to it. On the basis of the recovery certificate, the Collector, Hisar issued notice of auction in respect of the land detailed in the notice belonging to the plaintiff.
(3.) Aggrieved by the notice of the Collector, Hissar, the plaintiff- appellant moved the Civil Court for declaration that truck bearing registration No. HYT-377 be put to auction for the recovery of the amount due and if the recovery is short of the amount due, then for outstanding amount, the property belonging to him be auctioned.;