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Bapuji Krishna Karguppi Vs. Janardhan Govind Karguppi - Court Judgment

LegalCrystal Citation
CourtMumbai
Decided On
Judge
Reported inAIR1924Bom130; 80Ind.Cas.648
AppellantBapuji Krishna Karguppi
RespondentJanardhan Govind Karguppi
Excerpt:
civil procedure code (act v of 1908) order xxi, rule 80 - execution of decree--sale, application to set aside--auction-purchaser, whether necessary party. - - 3 of 1902 was bad for various reasons.1. the application by the third defendant in suit to set aside the sale in execution of the decree in suit no. 3 of 1902 was bad for various reasons. the sale took place in pursuance of the order passed by mr. koppiker on the 10th august 1918. defendants no. 2 and 3 at that time were minors and wore represented by their guardian. there was no appeal against that order. the second defendant after he became major applied to the court to set aside the sale and that application was refused. the third defendant now makes a similar application. it seems to me that the auction-purcheser was a necessary party to such a proceeding. that is a fatal objection for an application of this kind. the appeal will be dismissed with costs.
Judgment:

1. The application by the third defendant in suit to set aside the sale in execution of the decree in suit No. 3 of 1902 was bad for various reasons. The sale took place in pursuance of the order passed by Mr. Koppiker on the 10th August 1918. Defendants No. 2 and 3 at that time were minors and wore represented by their guardian. There was no appeal against that order. The second Defendant after he became major applied to the Court to set aside the sale and that application was refused. The third Defendant now makes a similar application. It seems to me that the auction-purcheser was a necessary party to such a proceeding. That is a fatal objection for an application of this kind. The appeal will be dismissed with costs.


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