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1927 Supreme(Mad) 320

Ammakutti Achi – Appellant
Versus
Doraiswami Aiyar – Respondent


JUDGMENT

1. This is an appeal by defendant 4 against the appellate order passed by the District Judge by which he confirmed the District Munsifs order refusing to set aside a sale in the following circumstances. A mortgage decree directed that items 1 to 3 of the mortgaged properties should be sold last and that item 4 should be sold first. Items 1 to 3 belonged to the present appellant. As regards item 4 an order staying sale had been obtained by defendant 1s son from the District Court on proceedings taken in connexion with O.S. 119 of 1925 in which he claimed item 4 as his own and asked for an injunction restraining its sale. The appellant though she had notice of the sale did not inform the Court that her properties were to be sold last according to the decree. Items 1 to 3 were sold in auction and then the appellant put in the present application under Sections 47 and 151, Civil P.C., to set aside the sale on the ground that the sale is bad because it took place contrary to the direction in the decree that it should take place in a certain order. The lower Court held that the application is barred by limitation under Article 166, Limitation Act, as it had been filed admittedly



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