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1962 Supreme(Mad) 155

RAMAKRISHNAN, S.RAMACHANDRA.IYER, VEERASWAMI
T. S. Sailappan – Appellant
Versus
Subbiah Pillai – Respondent


Advocates:
V. Tyagarajan, and K. Kumaraswami Pillai, for Petitioner.
T. K. Subramania Pillai, V. Shanmugham, M. Ranganatha Sastri, S. Bhaskaran and M. Swaminathan, for Respondents.

Order of Reference to a Full Bench †:- In this Civil Revision Petition learned counsel appearing for the petitioner is challenging the correctness of the decision in The Official Receiver of Ramnad v. Veerappa Chettiar1. We are of opinion that there is some force in the contentions advanced by the learned counsel. We consider it necessary that under the circumstances this matter should be examined by a Full Bench.

Pursuant to the Order of Reference the petition ca me on for hearing before a Full Bench (S. Ramachandra Iyer, C.J., Veeraswami and Ramakrishnan, JJ.). The Judgment of the Court was delivered by

Ramachandra Iyer, C.J.*-

This Reference involves the determination of the question

“Whether an Interim Receiver appointed under section 20 of the Provincial Insolvency Act is entitled to apply to set aside a Court sale of the property of a debtor under Order 21 rule go, Civil Procedure Code.”

The third respondent in this Civil Revision Petition obtained in O.S. No. 53 of 1955 on the file of the Sub-Court, Tirunelveli, a decree against the fourth respondent for the payment of a sum of money. In execution of the decree he attached and brought to sale certain immoveable properties of the



















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