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1920 Supreme(Mad) 158

OLDFIELD
Jayarama Aiyar – Appellant
Versus
Vridhagiri Aiyar – Respondent


JUDGMENT

Oldfield, J.

1. These proceedings were marked in the lower Court by grave irregularities and it is the more necessary that in correcting these irregularities we should be careful to do nothing which would inflict unfair prejudice on either party.

2. The sale, which is the subject of these proceedings was according to the proclamation to be held by the Central Nazir of the Cuddalore District Court on 10th July, 1919, and it was held accordingly. On the evening of that day the judgment-debtor represented to the Court that bidders had not come and that the sale was open to objection on other grounds, with which we are not concerned. Afterwards, and this was material in connection with the representation that bidders had not come, he brought to the notice of the Nazir that the process-server charged with the duty of making the proclamation in the village had proclaimed that the sale would be held not by the Central Nazir at Cuddlier but by the District Munsifs Court of Villupuram. This communication from the judgment-debtor to the Nazir was brought to the notice of the Court on the next day, 11th July, 1919, and I am constrained to express my disapproval of the Courts method of d

















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