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1952 Supreme(All) 229

SANKAR SARAN, KAUL
PREMWATI – Appellant
Versus
SATAYAWATI JAIN – Respondent


KAUL, J.

( 1 ) BOTH the above cases relate to the same order passed by the learned Civil Judge, Kanpur, and may conveniently be disposed of by one common judgment.

( 2 ) THE material facts lie within a short compass. Shrimati Satayawati Jain along with some other persons obtained a decree against Shrimati Premwati, who is the appellant in Execution First appeal No. 109 of 1952 and the applicant in Civil Revision No. 713 of 1952, on 29-10-1949. It was a final decree for sale in a mortgage suit. An application for execution was made by the decree-holders on 16-2-1950. Notices fixing the date for settlement of the particulars of the sale proclamation was issued on 7-2-1952. Owing to the death of His Majesty King George VI the courts were closed on that date and the cases fixed for that date were taken up the next day. On 8-2-1952, the judgment-debtor filed objections mentioning a number of grounds against the execution of the decree. It was complained by her that inasmuch the decree-holder had not filed a written statement as was required by law for settlement of the particulars of the sale proclamation, she was unable to file a proper objection. It was ordered that the application he




















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