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1938 Supreme(Mad) 195
IN THE HIGH COURT OF MADRAS
Burn, J.
M. Govindarajulu Chetty and Anr.
Versus
O.C. Ramaswami Chetty and Ors.
Decided On : 01.08.1938
Order 21, Rule 58(2) of the Civil Procedure Code does not apply to cases where a claim petition is pending, and the court cannot order a proclamation of sale in such circumstances.
Headnote:
Proclamation of Sale - Jurisdiction - Interpretation of Order 21, Rule 58(2) of the Civil Procedure Code
Fact of the Case:
The court found that it was not possible to issue a proclamation of sale while a claim petition was pending. The learned District Munsif's order to proclaim the sale was deemed without jurisdiction and set aside.
Finding of the Court:
The court held that Order 21, Rule 58(2) of the Civil Procedure Code does not apply to the case, and the proclamation of sale cannot be ordered while a claim petition is pending.
Issues: Jurisdiction to order proclamation of sale while claim petition is pending
Ratio Decidendi: Order 21, Rule 58(2) of the Civil Procedure Code does not apply to cases where a claim petition is pending, and therefore, the proclamation of sale cannot be ordered in such circumstances.
Final Decision: The learned District Munsif's order to proclaim the sale was set aside, and no order as to costs was made in the petition.
Burn, J.
1. It is not I think possible for a Court to order the issue of a proclamation of sale while a claim petition is pending. Order 21, Rule 58(2) of the Civil Procedure Code does not apply to this case. The learned District Munsifs order meanwhile the sale will be proclaimed is therefore without jurisdiction and is set aside.
2. I make no order as to costs in this petition.
