SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1963 Supreme(All) 55

K.B.ASTHANA
MAHAVIR SINGH – Appellant
Versus
GAURI SHANKAR – Respondent


Advocates Appeared:
R.N.Singh, S.N.CHATTERJEE, SATISH CHANDRA, V.K.S.Chaudhary


K. B. ASTHANA, J.

( 1 ) I have heard the learned counsel for the parties. The important question which arises for consideration in this revision relates to the meaning of the word entertain occurring in the proviso added by this Court to Order XXI, Rule 90, C. P. C. The execution Court rejected the application of the judgment-debtor for setting aside of the sale on the ground that he had failed to comply with the conditions of the proviso, namely, had failed to deposit the security within the period of limitation though the application for setting aside the sale was filed within time. The courts below relied on the decision of a single Judge of this Court in the case of Bawan Ram v. Kunj Behari Lal, 1960 All LJ 578: (AIR 1962 All 42 ). The learned counsel for the applicants has before me cited a decision of a Division Bench consisting of Mukherjee and Uniyal, JJ. , in the case of Kundanlal v. Jagannath Sharma, 1962 All LJ 574 : AIR 1962 All 547 in which it was held that the case of 1960 All LJ 578 : (AIR 1962 All 42) (supra) had not been correctly decided. The learned counsel for the opposite parties relied on certain observations in the case of Dullo v. Devi Charan, 1962 All LJ 75




Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top