B.DAYAL, D.S.MATHUR, D.P.UNIYAL
Nidhpal Sharma – Appellant
Versus
Union of India – Respondent
MATHUR, J. : This application under Article 133 of the Constitution of India by Nidhpal Sharma and two others, auction-purchasers, for a certificate to appeal to the Supreme Court has been referred to the Full Bench to resolve the conflict between two earlier decisions of this Court, namely, the unreported decision in Lala Devi Charan v. Smt. Duloo, Supreme Court Appeal No. 111 of 1958, dated 7-11-1958 (All) and Janki Prasad v. Kailash, AIR 1956 All 735.
2. The facts of the case material for the decision of the present application are that in suit No. 404 of 1952 the Union of India obtained a decree against Messrs. Palson Soap Mills and Company through Vishwapal Sharma for Rupees Two Lacs and odd from the Court of the Subordinate Judge First Class, Delhi, and the execution thereof was transferred to the Court of the Civil Judge, Mathura, where many houses belonging to the judgment-debtor were attached and eventually auctioned. They went purchased by the present applicants for a paltry sum of a few hundred rupees. The applicants are near relations of the Judgment-debtor, Vishwapal Sharma. Applicants Nos. 1 and 2 are his sons, while applicant No. 3 is the widow of his predece
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