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1988 Supreme(Mad) 78

SIVASUBRAMANIAM
Nanjappan – Appellant
Versus
Cauvery Gounder – Respondent


ORDER

Siva Subramaniam, J.

1. This revision petition C.R.P. No. 535 of 1985 is directed against the judgment in C.M.A. No. 22 of 1983 on the file of the District Judge, Salem.

2. The petitioner herein was adjudicated as insolvent on his application in I.P. No. 3 of 1980. The properties of the petitioner/insolvent were brought to sale by the official Receiver, who is the second respondent herein, on the basis of the details given by one of the creditors. After publishing proclamation for sale under Ex.B.1, the official Receiver conducted the sale of the properties of the insol(sic) in which items 1 and 3 were sold. The first respondent who is one of the creditors of the insolvent was the successful bidder. Item No. 1 was sold as the first lot for Rs. 7,750 while items 3 to 5 were sold as lot number 2 for Rs. 11,750 The insolvent filed an application in I.A. No. 295 of 1981 for setting aside the sale held by the official Receiver, after 21 days of the sale but before confirmation of the sale. He contended that there was no proper publication at all in the village, that the properties are worth more and that the first respondent played fraud in publishing the sale notice and in the condu





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