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M. Govindarajulu Chetty and anr. Vs. O.C. Ramaswami Chetty and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1939)2MLJ505
AppellantM. Govindarajulu Chetty and anr.
RespondentO.C. Ramaswami Chetty and ors.
Excerpt:
- burn, j.1. it is not i think possible for a court to order the issue of a proclamation of sale while a claim petition is pending. order 21, rule 58(2) of the civil procedure code does not apply to this case. the learned district munsif's order 'meanwhile the sale will be proclaimed' is therefore without jurisdiction and is set aside.2. i make no order as to costs in this petition.
Judgment:

Burn, J.

1. It is not I think possible for a Court to order the issue of a proclamation of sale while a claim petition is pending. Order 21, Rule 58(2) of the Civil Procedure Code does not apply to this case. The learned District Munsif's order 'meanwhile the sale will be proclaimed' is therefore without jurisdiction and is set aside.

2. I make no order as to costs in this petition.


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