PAGE, GRAHAM
Monmatha Nath Ghose – Appellant
Versus
Mt. Luchmi Debi – Respondent
JUDGMENT
Page, J. - This is an appeal from an order of the learned Additional District Judge of Alipur, reversing an order of the Subordinate Judge of Alipur whereby the learned Additional District Judge set aside a sale under Order 21, Rule 92, and also held that the application for execution was barred u/s 47, Civil P. C. As regards the application under Order 21, Rule 90 it appears that the applicant was the widow of the judgment-debtor, and the learned Judge held that there was a deliberate and fraudulent suppression of the notices required by law on the part of the decree holder, and that by reason of such suppression the applicant had sustained substantial injury. Upon these findings the learned Judge set aside the sale under Order 21, Rule 92. The case for the appellant has been presented to us in an exhaustive manner by Mr. Roy Chowdhury, and in respect of the order passed under Rule 92 the learned advocate has contended that inasmuch as the application was not made within 30 days of the sale it was barred by limitation and that as there was no express finding that the applicant was prevented from making her application in time by reason of the fraud of the decree-holder the
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.