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1925 Supreme(Mad) 535

C. R. Subramania Aiyar – Appellant
Versus
The Official Receiver – Respondent


JUDGMENT

1. We are asked to revise the order of the District Judge of West Tanjore (Mr. Viswanatha Sastri) setting aside a sale held in execution of a decree which had been confirmed by the Subordinate Judge of Kumbakonam. The sale was held on 30th September, 1920. Seven days previously, on 23rd September, the 1st judgment-debtor who is the father of the other judgment-debtors presented an insolvency petition. An interim Receiver was appointed and he wrote and asked the Subordinate Judge to stop the sale. It was nevertheless held and confirmed by the Subordinate Judge on 27th November. An adjudication order in insolvency was made on 15th December. A year later the adjudication was annulled by the District Judge and the annulment was set aside by this Court on 23rd January, 1923.

2. At the outset it will be well to clear the ground of two errors. The learned District Judge states in his order that the adjudication took place on 28th September, 1920. The order which is before us is under the hand and seal of the Official Receiver of the Tanjore District and is dated 15th December, 1920. Next the affidavits filed in support of the petition under Order 21, Rule 90, to set aside the sale







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