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1929 Supreme(Mad) 339

VENKATASUBBA RAO
Meyyappan Servai – Appellant
Versus
Sellappa Chettiar – Respondent


JUDGMENT

Venkatasubba Rao, J.

1. A preliminary objection has bean taken that this Letters Patent appeal does not lie. The decision depends upon the question Was it a second appeal or a civil revision petition that was disposed of by the judgment of Waller, J.,

2. If the party aggrieved had a right of second appeal, we must hold that the learned Judge disposed of that appeal by his judgment. The facts are these: The judgment-debtor applied to the District Munsiffs Court for the setting aside of a sale. He urged various grounds, one of them being that he had no notice under Order 21, Rule 66, Civil P.C., of the settling of the proclamation. It has been held that an application of that kind falls under Section 47 and not under Order 21, Rule 90 and that a second appeal is therefore open to the party: see Neelu Neithiar v. Subramania, Moothan [1920] 11 M.L.W. 59 and Venkataswami v. Nagayya A.I.R. 1925 Mad. 1142. The District Munsiff set aside the sale and the District Judge confirmed the order of the Munsiff. Besides two second appeals (one by the decree-holder and one by the purchaser) a civil revision petition was also filed. Waller, J., disposed of them by a single order. If initially


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