1987 Supreme(AP) 352

Andhra Pradesh High Court
Judges : JAGANNADHA RAO
T.Rambabu - Appellant
Versus
V.Ramavathi - Respondent
C.MA.No. 149/81 & C.R.P. No.4499/1980
Decided On : 06-29-87
Advocates Appeared :
Mr. D. Mohana Rao,Mr. M.S.K. Sastry

Headnote:Civil Procedure Code, Order 21 Rules 69 (2) and 90 - Sale of land belonging to Judgment-debtor was adjourned to various dates from August 1979 to July 1980 - Each adjournment is with in 30 days Sale is not illegal

       Held : A reading of Or21 Rule 69 [2] CPC will disclose that what is important is the interval between each adjournment of the sale It is not permissible to take the aggregate of all the adjournments In any event, even if the sum total of the adjournments exceeds 30 days, the sale cannot be treated as illegality or as a nullity It would, at the most amount to a mere irregularity It is necessary for the applicant to show substantial injury and that too that the said injury flowed from the material irregularity