R F C Vs. RAM RATAN

JUDGEMENT

(1.) THIS appeal is preferred to challenge the order dated 23-9-2000 passed by learned District Judge, Bhilwara rejecting an application under Section 31 of the State Financial Corporation Act, 1951. An application under Section 5 of the limitation Act is also preferred seeking condonation of delay i. e. of 151 days in filing the appeal. The reason given for condonation of delay is that after obtaining certified copy of the order dated 23-9-2000, on 3-11-2000 the same was sent to the Head Office of the rajasthan Financial Corporation, Jaipur on 14-12-2000. A decision thereafter was taken for filing the appeal on 30-3-2001. Accordingly, contact was made with the counsel for the Corporation and appeal was filed on 4-4-2001.

(2.) WHILE considering the application, i consider it appropriate to examine the matter on merits also.

(3.) LEARNED District Judge rejected the application under Section 31 of the Act of 1951 against the borrower Ram Ratan on the count that the mortgaged tractor was already attached and sold by the Corporation and as such no relief referred under clauses (a) to (c) of sub-section (1) of section 31 of the Act of 1951 could have been granted. The application was rejected against the guarantor-respondent No. 2 on the ground that the Corporation failed to prove the execution of the surety by respondent Kesar Devi.