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1950 Supreme(Mad) 223

BALAKRISHNA AYYAR
Timmalapalli Virabhadra Rao. – Appellant
Versus
Sokalchand Chunnilal. – Respondent


Advocates:
D. Narasaraju and K.B. Krishnamurthi for Appellant.
M.S. Ramachandra Rao and M. Krishna Rao for Respondents.

Judgment:-

These are two petitions to revise the order of the District Judge, Eluru, in C.M.A.No. 123 of 1947 and C.M.A.No. 25 of 1948, on his file.

The more material facts are these. On nth March, 1946, the Official Receiver sold the properties of the insolvent in I.P.Nos. 21 and 22 of 1933, on the file of the Subordinate Judge, Eluru. One Virabadra Rao the petitioner before me was the successful auction-purchaser, the amount of his bid being Rs. 15,500. On 29th March, 1946, two creditors of the insolvent, named Bapiraju and Virasami filed I.A.No. 320 of 1946, before the Subordinate Judge, Eluru, praying that the sale be set aside. One Chunilal, another creditor of the insolvent, probably entertained fears that Bapiraju and Viraswami might not prosecute their petition diligently and so on 22nd December, 1946, he applied to be added as the third petitioner in I.A.No. 320 of 1946. The petition which Chunilal so filed was numbered as I.A.No. 44 of 1947. On nth February, 1947, this I.A.No. 44 of 1947 was dismissed because even though his vakil was present the petitioner was absent and no evidence was adduced in support of the allegation that the petitioners in I. A. No. 320 of 1946 wer
























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