Skip to content


In Re: in the Matter of the Petition of Bhekraj Koeri Vs. Gendh Lal Tewari - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1880)ILR5Cal878
AppellantIn Re: in the Matter of the Petition of Bhekraj Koeri
RespondentGendh Lal Tewari
Excerpt:
jurisdiction - power of high court to set aside an order of a judicial commissioner--superintendence of high court under the charter act (24 and 25 vict., clause 105) section 15--civil procedure code (act x of 1877), sections 290 and 622--act xii of 1877, section 97. - richard garth, c.j.1. upon the assumption contained in the question referred, we are of opinion that the court has power, under proper circumstances, to set aside the sale, notwithstanding the judicial commissioner's order.2. upon this opinion being pronounced by the full bench, the case was sent back to the division bench to determine, 1st, whether the requirements of section 290 were, or were not, essential to the validity of the sale; and, 2ndly, assuming this to be so, whether, under the circumstances of the case, the sale ought to be set aside; but upon the matter coming on again before the division bench, the case was, at the suggestion of the court, compromised by the parties.
Judgment:

Richard Garth, C.J.

1. Upon the assumption contained in the question referred, we are of opinion that the Court has power, under proper circumstances, to set aside the sale, notwithstanding the Judicial Commissioner's order.

2. Upon this opinion being pronounced by the Full Bench, the case was sent back to the Division Bench to determine, 1st, whether the requirements of Section 290 were, or were not, essential to the validity of the sale; and, 2ndly, assuming this to be so, whether, under the circumstances of the case, the sale ought to be set aside; but upon the matter coming on again before the Division Bench, the case was, at the suggestion of the Court, compromised by the parties.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //