Malak Chand and anr. Vs. Bakhshi Nand Kishore - Court Judgment
|Court||Allahabad High Court|
|Judge||Oldfield and; Mahmood, JJ.|
|Appellant||Malak Chand and anr.|
|Respondent||Bakhshi Nand Kishore|
.....before thirty days from date of fixing up proclamation--material irregularity in publishing or conducting sale--civil procedure code, sections 290, 311. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the employees.....oldfield, j.1. the infringement of the rule in section 290 of the civil procedure code vitiates the sale. it is an illegality vitiating the sale and is something more than a material irregularity in publishing and conducting a sale to which section 311 refers. the sale is set aside, and the appeal decreed with costs.
1. The infringement of the rule in Section 290 of the Civil Procedure Code vitiates the sale. It is an illegality vitiating the sale and is something more than a material irregularity in publishing and conducting a sale to which Section 311 refers. The sale is set aside, and the appeal decreed with costs.