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1959 Supreme(All) 154

A.P.SRIVASTAVA
RAMAN LAL, DIED AND AFTER HIM KANTI CHANDRA – Appellant
Versus
SHANTI LAL – Respondent


Advocates Appeared:
BALESHWAR PRASAD, V.D.BHARAGAVA

A. P. SRIVASTAVA, J.

( 1 ) THIS is a judgment debtors appeal. The decree-holders obtained a decree against the appellant and in execution of the decree they got this 3/8th share in a house attached and put up for sale. The sale was held on the 19th January 1943. It was confirmed on the 27th April 1943 in favour of Chet Ram who had purchased the property at the auction sale. On 26th November 1949 the judgment-debtor filed an objection under Section 60 C. P. C. in which he contended that he was an agriculturist and the house sold was exempt from attachment and sale under Section 60 C. P. C. He, therefore prayed that the sale be set aside and the house be released in his favour. Besides the two decree-holders Shanti Lal and Kanti Lal, Chet Ram the auction purchaser was also impleaded as a party to this objection.

( 2 ) THE objection was opposed on behalf of the auction purchaser as well as decree-holders and one of the points raised by them was that as the objection had been filed after the sale had been confirmed it was not maintainable. This plea found favour with the executing court and it, therefore, dismissed the objection without going into the other questions raised. It is agai
















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