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Rayilu Pattar Vs. Narayana Pattar - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported in(1900)10MLJ205
AppellantRayilu Pattar
RespondentNarayana Pattar
Excerpt:
- 1. no doubt 'there ought, in strictness, to be an order absolute for sale before the order for sale is passed and if the objection had been taken before the sale took place it might have prevailed and the decree-holder might have remedied the defect.2. here, however, the judgment-debtor waited although he had notice of the intended sale and actually applied for an adjournment of it. under these circumstances, we do not think he ought to be allowed to object to a defect by reason of which he does not allege that he has suffered. we must reverse the order of the subordinate judge and restore that of the district munsff with costs here and in the lower appellate court.
Judgment:

1. No doubt 'there ought, in strictness, to be an order absolute for sale before the order for sale is passed and if the objection had been taken before the sale took place it might have prevailed and the decree-holder might have remedied the defect.

2. Here, however, the judgment-debtor waited although he had notice of the intended sale and actually applied for an adjournment of it. Under these circumstances, we do not think he ought to be allowed to object to a defect by reason of which he does not allege that he has suffered. We must reverse the order of the Subordinate Judge and restore that of the District Munsff with costs here and in the lower appellate Court.


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