ALLAHABAD BANK Vs. JAI MAA DURGA INDUSTRIES

JUDGEMENT

(1.) THIS pertains to the Application of Allahabad Bank, Buxar Branch filed on 23.3.2001 for review of order dated 25.1.2001 passed by this Tribunal in Execution Case No. 47/1998 dismissing the said Execution Case.

(2.) Heard the parties and perused the rejoinder of defendant No. 2 dated 9.1.2003 along with written arguments of parties and other connected case papers.

(3.) PARAS 7 and 8 of Review Application is relevant in which it has been contended "that during the course of hearing the judgment debtor produced the copy of the order of Hon'ble Patna High Court passed in CWJC No. 2627/1997 on 24.9.1997 by which the earlier order of Certificate Officer was quashed and the case was remitted back to be decided afresh after giving opportunity to the parties even to lead evidence if necessary. That this Tribunal decided that now the case should be treated as pending Trial case but surprisingly it processed with the case as if it was an execution case despite of its earlier order."