STATE BANK OF INDIA Vs. MAA SARADA OIL MILLS

JUDGEMENT

(1.) Heard Mr. S. Deb, learned senior counsel being assisted by Mr. S.N. Banerjee, learned counsel for the petitioner and Mr. B. Choudhary, learned counsel for the respondents.

(2.) This Civil Revision Petition under Section 115 of the Code of Civil Procedure has been filed by the decree-holder, petitioner herein, being aggrieved by the Judgment/ order dated 25-4-1997, passed by the learned Executing Court (Civil Judge, Senior Division Court No. 1), West Tripura, Agartala in Case No. EX (T) 8 of 1990.

(3.) The decree-holder filed a Title Suit bearing No. 60 (Mort) of 1988 for realisation of the loan amount granted and paid to the judgment-debtor, respondents herein, taking security from the guarantor. It was a suit for recovery of money secured by mortgage deed which is commonly called as 'Mortgage Suit'. Fortunately, the suit was concluded on admission and the learned trial Court passed the judgment/debtor on 18- 8-1988. The operative position of the judgment/debtor is reproduced below :