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1923 Supreme(Mad) 163

OLDFIELD
V. C. T. N. Chidambaram Chetti – Appellant
Versus
Kandasami Goundan Dead – Respondent


JUDGMENT

Walter Salis Schwabe, K.C., C.J.

1. The present Appellant is the decree-holder. The Respondent is the legal personal representative of a brother of the decree-holder who had been brought upon the record for the purpose of execution. An application had been made for attachment of the moveable property of the original Defendant, the judgment-debtor. Those proceedings had come to nothing by reason of the fact that the present Appellant failed to find the necessary expenses. Within a year of those proceedings, application was made for attachment of the immoveable property. By reason of the operation of Order 21, Rule 22, no notice of those proceedings was required to be given to the representative of the judgment-debtor and no notice was given. An application was then made for the sale of the property and in due course a notice for settling the sale proclamation, in form No. 21 of Appendix E of the Code of Civil Procedure, was issued. That notice stated that the decree-holder had applied for a sale of the property and continued, "You are hereby informed that the 14th day of August 1920, has been fixed for the purpose of settling the terms of the proclamation of sale." That notic








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