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Thiravia Nadar Vs. Paulraj Chelliah Nadar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1941Mad74(2); (1940)2MLJ417
AppellantThiravia Nadar
RespondentPaulraj Chelliah Nadar and ors.
Excerpt:
- - and the fact that the deposit under order 21, rule 89 of the code of civil procedure was made on the day when the act came into force has no bearing, when once it is conceded that the application under the act was made long after the decree had been satisfied.wadsworth, j.1. the petitioner having deposited under order 21, rule 89 of the code of civil procedure the amount necessary to have the sale set aside and this amount having been withdrawn by the decree-holder in full satisfaction, there no longer remains a debt to found an application under madras act iv of 1938 or a decree to scale down. no refund of amounts paid can be ordered except under provisions of sections 22 to 25, which have no application when there is no subsisting sale to set aside. and the fact that the deposit under order 21, rule 89 of the code of civil procedure was made on the day when the act came into force has no bearing, when once it is conceded that the application under the act was made long after the decree had been satisfied.2. the petition is dismissed.3. there.....
Judgment:

Wadsworth, J.

1. The petitioner having deposited under Order 21, Rule 89 of the Code of Civil Procedure the amount necessary to have the sale set aside and this amount having been withdrawn by the decree-holder in full satisfaction, there no longer remains a debt to found an application under Madras Act IV of 1938 or a decree to scale down. No refund of amounts paid can be ordered except under provisions of Sections 22 to 25, which have no application when there is no subsisting sale to set aside. And the fact that the deposit under Order 21, Rule 89 of the Code of Civil Procedure was made on the day when the Act came into force has no bearing, when once it is conceded that the application under the Act was made long after the decree had been satisfied.

2. The petition is dismissed.

3. There will be no costs.


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