Krishnaswami Nayudu, J.-

In O.S.No. 20 of 1937 on the file of the District Court of South Arcot a mortgage decree was passed on 6th January, 1939, for a sum of Rs. 3,540-15-4, the mortgagors being the 1st defendant and the 2nd defendant being his minor son represented by the father 1st defendant as guardian-ad-litem. One Muthu Venkatapathi Reddiar as the assignee-decree-holder brought the mortgaged property to sale, the sales having been held on the 11th and 12th September, 1944, and three persons Mahadeva Goundan, Natesa Goundan and Swami Kannu Goundan and the decree-holder purchased the property at the auction. M. P. No. 302 of 1944 was filed on behalf of the minor second defendant for setting aside the sale under Order 21, rule 90 and section 47, Civil Procedure Code, mainly on the ground that there was no proper advertisement and publication of the sale and that the property which was of the value of about Rs. 16,000 fetched a low price of about Rs. 6,442. Sufficient security in immovable properties was furnished on behalf of the 2nd defendant-petitioner and during the pendency of the petition the 2nd defendant having become a major he was declared a major and he elected to proc

Click Here to Read the rest of this document