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Kandaswami Gurukkal and anr. Vs. C.G. Krishna Row - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.1067
AppellantKandaswami Gurukkal and anr.
RespondentC.G. Krishna Row
Excerpt:
civil procedure code (act xiv of 1882), section 244 - purchaser from auction-purchaser--not representative of a party. - 1. on the application of the 4th september 1906, notice was given to the judgment-debtors and after notice, the transfer was held to be valid, the decree was made absolute, batta was ordered for sale-proclamation and the transferee was given permission to bid. there has been no appeal by the judgment-debtors.2. the respondent is a person who put in a claim under section 278, civil procedure code, and whose claim was rejected. he was neither a party to the suit nor the representative of a party, and had no locus standi to put in the petition on which the order now under appeal was passed. we set aside the orders of the courts below with costs and direct the district munsif to proceed with the execution application.
Judgment:

1. On the application of the 4th September 1906, notice was given to the judgment-debtors and after notice, the transfer was held to be valid, the decree was made absolute, batta was ordered for sale-proclamation and the transferee was given permission to bid. There has been no appeal by the judgment-debtors.

2. The respondent is a person who put in a claim under Section 278, Civil Procedure Code, and whose claim was rejected. He was neither a party to the suit nor the representative of a party, and had no locus standi to put in the petition on which the order now under appeal was passed. We set aside the orders of the Courts below with costs and direct the District Munsif to proceed with the Execution Application.


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