Uco Bank vs M/S G.L.C. Leather Exports & Ors.
2001 Latest Caselaw 653 Del

ORDER

Sharda Aggarwal, J.

1. The plaintiff bank has moved the present application under Order 34 read with Section 151 CPC for drawing up final decree for sale of mortgaged property commonly known as 148-149, Block-C, Village Mundhka Rajdhani Park, Rohtak Road, Delhi. Vide judgment dated 27th September, 1995, a preliminary decree was passed against the defendants under Order 34 Rule 4 CPC for recover of Rs.7,15,145/- with interest at the rate of 12% per annum thereon from the date of the suite to the plaintiff bank. The defendants were to pay costs to the plaintiff bank. Accordingly, a preliminary decree for sale of mortgaged property under Order 34 Rule 4 CPC was drawn up. While passing the preliminary decree, the Court had granted six months time to pay the decretal amount and redeem the mortgage. Defendant No.4, who was the guarantor, had created an equitable mortgage of his property, as referred to above, in favor of the plaintiff bank. The preliminary decree was passed ex-parte against the defendants, as despite service they had failed to put in appearance. The present application has been moved for drawing up a final decree as the defendants have filed to pay the decretal amount and redeem the mortgage during the period of six months. While moving the present application for drawing up the final decree, plaintiff came to know that defendant No.4 had expired. An application for bringing on record his legal heirs was moved. Out of the four legal heirs, two of them wee already on record as defendants No.2 and 3. Notices of the application for impleading them as legal heirs of defendant No.4 and notices of the application for drawing up final decree were issued to the heirs of defendant No.4. But despite service none appeared and all of them were proceeded ex-parte.

2. I am satisfied that the defendants have failed to pay the decretal amount and redeem the mortgage within six months time granted by the Court in the preliminary decree and as such the plaintiff had become entitled to a final decree by way of sale of the mortgaged property known as 148-149, Block-C, Village Mundhka Rajdhani Park, Rohtak Road, Delhi. The application is accordingly allowed. Final decree by sale of the immovable property is hereby passed in favor of the plaintiff/decree holder and against the heirs of defendant/judgment debtor No.4. The final decree in terms of Order 34 Rule 5 CPC be drawn up accordingly.