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1968 Supreme(Ori) 65

G.K.MISRA
BRAJABALA DAS – Appellant
Versus
RADHA KAMAL DAS AND ORS. – Respondent


Advocates Appeared:
G.N.SENGUPTA, G.RATH, L.K.DAS GUPTA

G. K. MISRA, J.

( 1 ) PETITIONER Brajabala (auction-purchaser) is the wife of opposite party No. 2 radha Kumuda Das (one of the judgment-debtors), who is the elder brother of opposite party No. 1 Radha Kamal Das (the other judgment-debtor ). Opposite party No. 3 is the decree-holder. Both the judgment-debtors received notice under Order 21, Rule 22, C. P. C. in execution Case No. 62 of 1954 in the Court of the Munsif Balasore, arising out of a money suit No. 1277 of 1941 of the court of the Munsif, Kendrapara. Judgment- debtors took no steps. The disputed property was attached on 18-7-54. They received valuation notice and filed no objection. Sale-proclamation was issued on 21-9-54. Opposite Party No. 2 applied for instalments which were allowed. He paid rs. 700 in six instalments in between 16-7-55 and 30-4-56. Thereafter he defaulted. The total decretal dues were Rs. 1284-9-0. There remained thus a balance of Rs. 500 and odd out of the decretal dues, without payment. A fresh sale-proclamation was issued on 20-11-59. It was published in the daily prajatantra on 26-12-59 and also at the site by beat of drums. The sale took place on 15-1-60 and the property was purchased by the pet


















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