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Pappa Alias Rajaboopathy Ammal Vs. Rajammal and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai High Court
Decided On
Reported in(1986)1MLJ52
AppellantPappa Alias Rajaboopathy Ammal
RespondentRajammal and anr.
Excerpt:
- .....rule 83, civil procedure code, it is open to the court to postpone the sale to enable the judgment-debtor to raise the amount of decree either by mortgage or lease or private sale of such property or some part thereof or of any other immovable property of the judgment-debtor. but, sub-rule (3) of rule 83 says that nothing in rule 83(1) shall be deemed to apply to a sale of property directed to be sold in execution of a decree for sale in enforcement of a mortgage of, or charge on, such property. the decree sought to be executed is a mortgage decree. therefore, the order dismissing the petition is correct. there is no illegality or irregularity, nor is the order vitiated by lack of jurisdiction. the revision is dismissed in limine. however, one month's time is granted for payment of.....
Judgment:
ORDER

G. Maheswaran, J.

1. This revision is directed against the order of the learned Third Additional Subordinate Judge, Madurai, dismissing the petition filed by the judgment-debtor under Order 21, Rule 83 and Section 151, Civil Procedure Code, to permit her to negotiate private sale of the property. The petition was dismissed on the ground that it was not maintainable. I have to uphold that order though not for the reasons stated by the learned trial Judge. Under Order 21, Rule 83, Civil Procedure Code, it is open to the Court to postpone the sale to enable the judgment-debtor to raise the amount of decree either by mortgage or lease or private sale of such property or some part thereof or of any other immovable property of the judgment-debtor. But, Sub-rule (3) of Rule 83 says that nothing in Rule 83(1) shall be deemed to apply to a sale of property directed to be sold in execution of a decree for sale in enforcement of a mortgage of, or charge on, such property. The decree sought to be executed is a mortgage decree. Therefore, the order dismissing the petition is correct. There is no illegality or irregularity, nor is the order vitiated by lack of jurisdiction. The revision is dismissed in limine. However, one month's time is granted for payment of the decree amount.


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