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1960 Supreme(Cal) 28

P.N.MUKHERJEE, NIYOGI
JUGAL CHARAN MONDAL, JUDGMENT-DEBTOR – Appellant
Versus
PANKAJINI DASI, DECREE-HOLDER – Respondent


Advocates Appeared:
Chandidas Roy Chowdhury, JITENDRA KR.SENGUPTA, NARENDRA NATH BISWAS

P. N. MOOKERJEE, J.

( 1 ) THIS is a judgment-debtor's appeal, arising oat of a proceeding under Section 47 of the Code of Civil Procedure. The appellant judgment-debtor, who was also the Receiver to the judgment-debtor's estate, objected to the holding of the sale, upon the ground, inter alia, that the Court which made the relevant order for sale, or, more precisely, made the order, directing issue of sale proclamation, and fixed the date of sale, had no jurisdiction to pass the relevant order or orders, and had also no jurisdiction to hold the sale at the time, or, in the manner, in which the same was held. The objection was overruled by both the Courts below and the sale has since been actually held and the property has been purchased by the decree-holder respondent.

( 2 ) THE relevant facts stand as follows : on June 1, 1955, the respondent decree-holder obtained the decree in Question for Rs. 2178/-, with interest Rs. 81-2-0 and costs Rs. 297-11-6, in Money Suit No. 144 of 1954, from Sri K. K. Chakravarty, the learned Munsif, 1st Court, Alipore, who had pecuniary jurisdiction up to Rs. 3500/ -. On February 27, 1956, the aforesaid decree was put into execution before the same











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