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1957 Supreme(Pat) 61

K.DAYAL, SINHA
Ramsaran Sah – Appellant
Versus
Deonandan Singh – Respondent


Judgment

Sinha, J.

1. These appeals have been filed by the decree-holders-auction -purchasers against the orders of the Courts below setting aside sales held on 14-12-1937 in Execution Case No. 570 of 1937 and on 10-7-1944 in Execution Case No. 216 of 1944.

2. The facts, shortly stated, are that the appellants had obtained a mortgage decree in Mortgage Suit No. 104 of 1932 against the opposite party 3rd party and the applicants respondents, who were then minors under the guardianship of Mr. Ata Hussain, Pleader, guardian-ad-litem. In the first execution case, the appellants had impleaded the applicants respondents under the guardianship of their father, and satisfied a part of their decree by sale of the mortgaged properties. As the decree was not satisfied in full, steps were taken for a money decree under Order 34, Rule 6, Civil P. C.

In that proceeding, the applicants respondents were impleaded as majors, and, in execution of the said decree, properties belonging to the applicants and their father were sold and purchased by the decree-holders appellants on the date mentioned above. It is said that the applicants Nos. 1 and 2 attained majority in 1949 and 1948, respectively, and f





























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