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Kanhia Lal and anr. Vs. Hub Lal - Court Judgment

LegalCrystal Citation
CourtAllahabad High Court
Decided On
Reported in(1885)ILR7All365
AppellantKanhia Lal and anr.
RespondentHub Lal
execution of decree - sale in execution--confirmation of sale--objection that property is not liable to attachment--civil procedure code, sections 278, 311, 312. - 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 dismissed with.....

Oldfield, J.

1. This is an appeal from an order refusing to set aside a sale under Section 312 of the Civil Procedure Code. The first plea taken is, that the appellant was no party to the decree, and his property, which has been the subject of the sale, was not liable to be attached and sold, and therefore the sale is invalid.

2. This is not an objection which is entertainable under Section 311, which permits a sale to be set aside for material irregularity in publishing or conducting it, and is not a ground, therefore, for setting aside the sale under that section. We cannot therefore hold that the order refusing to set aside the sale is wrong by reason of this objection.

3. Moreover, it is now preferred for the first time, and, we may add, was an objection which the appellant might or should have taken under Section 278 at the time of attachment, and he would then have had his remedy as therein provided.

4. The other pleas fail, as no material irregularity such as the appellant refers to in those pleas has been established. The appeal is dismissed with costs.

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