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Sree Raja Sobhanadri Appa Row Bahadur Zamindar Garu Vs. Govindaraju Seetaramiah and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported inAIR1916Mad706(2); 31Ind.Cas.305
AppellantSree Raja Sobhanadri Appa Row Bahadur Zamindar Garu
RespondentGovindaraju Seetaramiah and ors.
Cases ReferredSet Umedmal v. Srinath Ray
Excerpt:
execution - sale--purchase by decree-holder--decree ex parte, subsequently set aside--sale, how effected. - 1. we are of opinion that when a decree-holder purchases property in execution of an ex parte decree which is set aside, the sale becomes ipso facto void. set umedmal v. srinath ray 27 c.w.n. 692. the decree-holder was the party having the conduct of the suit, and it is difficult to see what equities can arise in his favour in cases where he obtains an ex-parte decree which is set aside on the ground that the defendants were not served. cases where strangers have purchased in execution are distinguishable, as also where the purchaser is a defendant. it is unnecessary to consider whether in cases of purchase by defendant, the sale is voidable or absolutely void. in the view we take, the decision of the lower appellate court is right. we dismiss this second appeal with costs.
Judgment:

1. We are of opinion that when a decree-holder purchases property in execution of an ex parte decree which is set aside, the sale becomes ipso facto void. Set Umedmal v. Srinath Ray 27 C.W.N. 692. The decree-holder was the party having the conduct of the suit, and it is difficult to see what equities can arise in his favour in cases where he obtains an ex-parte decree which is set aside on the ground that the defendants were not served. Cases where strangers have purchased in execution are distinguishable, as also where the purchaser is a defendant. It is unnecessary to consider whether in cases of purchase by defendant, the sale is voidable or absolutely void. In the view we take, the decision of the lower Appellate Court is right. We dismiss this second appeal with costs.


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