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1981 Supreme(Mad) 497

S.SWAMIKKANNU
Rakkayi Ammal – Appellant
Versus
Murugaiyyan Pillai – Respondent


ORDER

S. Swamikkannu, J.

1. This civil revision petition is filed by the plaintiff in O.S. No. 413 of 1974 under Section 151, Code of Civil Procedure, against the order of the learned District Munsif, Nagapattinam, dated 30th August, 1980 in E.A. No. 473 of 1980. It is relevant in this connection to note that this application E.A. No. 473 of 1980 had been entertained by the lower court under Order 21, Rule 72(A) of the Code of Civil Procedure. The said rule reads as follows:

72-A (1) Notwithstanding anything con tainted in Rule 72, a mortgage of immovable proporty shall not bid for or purchase property sold in execution of a decree on the mortgage unless the Court grants him leave to bid for or purchase the property.

(2) If leave to bid is granted to such mortgage, then the Court shall fix a reserve price as regards the mortgage, and unless the Court otherwise directs the reserve price shall be

(a) not less than the amount then due for principal, interest and costs in respect of the mortgage if the property is sold in one lot; and

(b) in the case of any property sold in lots, not less than such sum as shall appear to the Court to be properly attributable to each lot in relation to the am








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