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Ramji Lal Vs. Firm Ram Chand-dwarka Das and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in119Ind.Cas.285
AppellantRamji Lal
RespondentFirm Ram Chand-dwarka Das and ors.
Excerpt:
civil procedure code (act v of 1908), order xxi, rule 78 - sale of moveable property--application to set aside sale for irregularity, whether maintainable. - .....appears to be correct that the court of small causes had no jurisdiction to set aside a sale of moveable property on the ground of irregularity in publishing and conducting the sale. it is laid down in order xxi, rule 78, of the code of civil procedure that no irregularity in publishing or conducting the sale of moveable property shall vitiate the sale. the judgment-debtor is left to the recourse of a separate suit, i set aside the order of 6th april, last and direct that the sale in favour of the applicant-auction-purchaser kamji lal be confirmed. if there has been a subsequent sale of the same property, that sale shall be set aside and the property made over to ramji lal on receipt of the purchase money. the firm of ram chand-dwarka das shall pay ex parte costs of this.....
Judgment:

Dalal, J.

1. Unfortunately the respondents are not represented. The plea of the auction-purchaser appears to be correct that the Court of Small Causes had no jurisdiction to set aside a sale of moveable property on the ground of irregularity in publishing and conducting the sale. It is laid down in Order XXI, Rule 78, of the Code of Civil Procedure that no irregularity in publishing or conducting the sale of moveable property shall vitiate the sale. The judgment-debtor is left to the recourse of a separate suit, I set aside the order of 6th April, last and direct that the sale in favour of the applicant-auction-purchaser Kamji Lal be confirmed. If there has been a subsequent sale of the same property, that sale shall be set aside and the property made over to Ramji Lal on receipt of the purchase money. The Firm of Ram Chand-Dwarka Das shall pay ex parte costs of this application.


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