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1914 Supreme(Mad) 399

OLDFIELD
Muthiah Chettiar – Appellant
Versus
Bava Sahib – Respondent


JUDGMENT

Oldfield, J.

1. This appeal and the Revision Petition relate to an Order by the District Munsif which the District Judge has confirmed, setting aside a sale in the following circumstances. The decree under execution directed the sale of items in a particular order, and the sale proclamation followed it. They were however sold in a different order, and the sale was confirmed. The judgment-debtor then moved the Court successfully under Order XXI, Rule 89 of the Code of Civil Procedure. After an appeal against the order dismissing that petition had failed, he applied under Order XXI, Rule 90 of the Code of Civil Procedure, obtaining an order excusing his delay in doing so. The District Munsif held that no case for interference under that rule had been established, but set aside the sale in the exercise of his inherent powers. The learned District Judge in the Order under appeal held that the delay could not be excused with reference to Sections 5 and 14 of the Limitation Act, but that the exercise of the Civil Courts inherent powers was not subject to the law of limitation and was justified by the circumstances of the case. He confirmed the District Munsifs order without decidi















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