- (1.) This execution first appeal has been brought from the judgment of the learned Senior Sub-Judge, Sonepat, dated August 24, 1974, whereby the objection petition filed by the appellant under order XXI, Rule 90 of the Civil Procedure Code was dismissed.
(2.) In the execution of an award passed under the Punjab Cooperative Societies Act, the property in dispute belonging to the judgment-debtor was sold by public auction. The appellant-State Bank of India, Sonepat, filed objections to challenge the validity of the said sale under Order XXI Rule 90 of the Civil Procedure Code. To show their locus standi it was pleaded by the appellant that the land in dispute had been purchased by one Joginder Singh prior to the passing of the said award on May 10, 1965, from the judgment-debtor and thereafter be created an equitable mortgage in favour of the appellant-Bank by deposit of the documents of title.
(3.) The objection petition was opposed by the decree holder, who controverted the allegations made therein and took a preliminary objection that no objection petition was competent by the appellant. On the pleadings of the parties the following issues were framed :- 1. Whether sale is liable to be set aside for the grounds alleged in the petition filed by the objector State Bank of India ? 2. Whether objector has locus standi to file this objection petition ? 3. Relief.;