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1951 Supreme(Mad) 402

SATYANARAYANA RAO
Arunachala Chettiar – Appellant
Versus
Vadla Koundan – Respondent


Advocates:
M.S. Venkatarama Aiyar for Appellant.
K S. Desikan and K. Raman for Respondents.

Judgment.-

The only question of lawwhich requires consideration in this second appeal by the unsuccessful plaintiff is whether the sale of the properties on the 9th November, 1942, in execution of a small cause decree and the confirmation thereof on the 12th December, 1942, is valid. The ground on which the confirmation was attacked is that after the date of sale and before confirmation, the judgment-debtor died on the 14th November, 1942, and as the confirmation order was passed without impleading the legal representatives of the judgment-debtor the confirmation was not binding and was of no effect. This contention was accepted by the lower Courts and the claim of the plaintiff to confirm his possession of the property which he purchased was negatived. There is no direct case on the point in any of the Courts except a decision of the Oudh Court in Kamakshya Dutt Ram v. Shyam Lall1, which is relied on on behalf of the appellant and which seems to support his contention. The facts were similar and the judgment-debtor died there, as here, within thirty days from the date of sale. The learned Judges held that as there was no provision in the Civil Procedure Code requiring legal represe


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