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Wala Hiraji Vs. Hira Patel - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1885)ILR9Bom518
AppellantWala Hiraji
RespondentHira Patel
Excerpt:
civil procedure code (act xiv of 1882), section 226 - attachment and sale of arms in cxecution of a decree by nazir of the court--arms act xi of 1878, section 1, clause (b), and section 5--public servant, sale of arms by. - charles sargent, c.j.1. the sale of arms by the nazir of the court, in execution of a decree, is a sale by a public servant in discharge of his duty, and, therefore, excluded by section 1, clause (6), from the operation of the indian arms act xi of 1878; but we think it would be a proper thing for the court ordering the sale to give the notice of the sale and of the purchaser's name and address contemplated by section 5 of the act.
Judgment:

Charles Sargent, C.J.

1. The sale of arms by the Nazir of the Court, in execution of a decree, is a sale by a public servant in discharge of his duty, and, therefore, excluded by Section 1, Clause (6), from the operation of the Indian Arms Act XI of 1878; but we think it would be a proper thing for the Court ordering the sale to give the notice of the sale and of the purchaser's name and address contemplated by Section 5 of the Act.


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