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1988 Supreme(All) 38

R.R.MISRA
VIDYA BHAN PRAKASH – Appellant
Versus
SECOND ADDITIONAL DISTRICT JUDGE, MATHURA – Respondent


Advocates Appeared:
K.N.TRIPATHI, P.S.VARMA, S.PRAKASH SHETTY

R. R. MISRA, J.

( 1 ) AS a consequence of filing of Original Suit No. 452 of 1967, Smt. Indra Rani (respondent No. 3), hereinafter referred to as the decree-holder, obtained a money-decree against Sri Nepal Singh, hereinafter referred to as the judgement-debtor. Vide Execution Case No. 47 of 1971 she put the said decree in execution by attachment and sale of a house situate in the town of Goverdhan in Mohalla Danghat in the district of Mathura. The first auction was to be held on 6th May, 1972. Before the same could be held, the judgement-debtor filed an application dated 4th May, 1972 stating therein that he is prepared to pay the entire decretal amount within a period of two months and in case he failed to do so, the attached property may be sold. The judgement-debtor could not pay the decretal amount within the aforesaid time and, therefore, he moved another application dated 5th March, 1973 along with an undertaking that in case he fails to pay the amount within the time set out by the court, the judgement-debtor waives his right of having a fresh proclamation. The said application was also granted by the execution court but the judgement-debtor again failed to pay the decretal

























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