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In Re: Mulo - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1880)ILR2All301
AppellantIn Re: Mulo
Excerpt:
sale in execution of decree - return of purchase-money to a auction-purchaser--act x of 1877 (civil procedure code), section 315--act viii of 1859 (civil procedure code). - pearson, j.1. the judge's order seems to be a very right, just and proper one, with which we ought not to interfere, unless absolutely bound to do so. the proceedings commenced under act viii of 1859 appear to have terminated with the sale. the application under section 315 of act x of 1877 may be regarded as a new proceeding. we are not prepared to say that the judge could not entertain the application preferred to him under the second clause of section 315, act x of 1877; and we therefore decline to interfere, and dismiss this application with costs.
Judgment:

Pearson, J.

1. The Judge's order seems to be a very right, just and proper one, with which we ought not to interfere, unless absolutely bound to do so. The proceedings commenced under Act VIII of 1859 appear to have terminated with the sale. The application under Section 315 of Act X of 1877 may be regarded as a new proceeding. We are not prepared to say that the Judge could not entertain the application preferred to him under the second clause of Section 315, Act X of 1877; and we therefore decline to interfere, and dismiss this application with costs.


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