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1982 Supreme(Mad) 91

V.RATNAM
Palaniappa Gounder – Appellant
Versus
Nallamuthu Gounder – Respondent


ORDER

V. Ratnam, J.

1. The judgment-debtor in O.S. No. 34 of 1970, Sub-Court, Erode, is the petitioner in this civil revision petition, which is directed against the order of the Courts below, dismissing an application filed by the petitioner here in to declare the Court-auction-sale held on 3rd January, 1974 as void. On 28th November, 1970, one Perumal Gounder, the husband of the second respondent and father of respondent 3, herein, obtained a decree in O. S. No. 34 of 1970, against the petitioner for the recovery of a sum of Rs. 5,000 with interest at 6 1/4 per cent, per annum from 25th November, 1967, till 28th November, 1970 and thereafter at 6 per cent, per annum till the date of realisation and costs. This decree was put into execution in E.P. No. 40 of 1973 in O.S. No. 34 of 1970 and the decree-holder prayed for the realisation of the amounts due under the decree by the sale of certain properties belonging to the petitioner. In the course of those proceedings the petitioner, though served with notice, did not appear but remained ex parte. In the sale proclamation, the value of the properties sought to be proceeded against was given by the decree-holder as Rs. 3,000, while the



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