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

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1940Mad6
AppellantM. Govindarajulu Chetty and ors.
RespondentO.C. Ramaswamy Chetty and ors.
Excerpt:
- orderburn, j.1. it is not, i think, possible for a court to order the issue o a proclamation of sale while a claim petition is pending. order 21, rule 58(2), civil p.c., 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. i make no order as to costs in this petition.
Judgment:
ORDER

Burn, J.

1. It is not, I think, possible for a Court to order the issue o a proclamation of sale while a claim petition is pending. Order 21, Rule 58(2), Civil P.C., 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. I make no order as to costs in this petition.


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