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1970 Supreme(Online)(Bom) 1

BOMBAY HIGH COURT
B. P. Sinha, J
Manikchand Daulatram Bora – Appellant
Versus
Motilal Hirachand Marwadi – Respondent


Table of Content
1. facts leading to the appeal concerning joint decree and representation. (Para 1 , 2 , 3)
2. arguments on the validity of auction sale and legal representation. (Para 4 , 5 , 20)
3. court's observations on the necessity of representation in execution. (Para 6 , 10 , 18)
4. confirmed validity of the auction sale despite absence of representation. (Para 8 , 14 , 22)
5. final decision to dismiss the appeal. (Para 24)

1. The facts giving rise to this appeal, briefly stated, are as follows:

2. In Civil Suit No. 131 of 1923 money decree was obtained against Ratanchand Walchand and Hirachand Gambhirmal. It is not disputed that the decree was a joint and several decree against both these judgment - debtors. In execution of that decree, auction sale in respect of the property involved in the present suit was held on 23rd March 1944. The sale was confirmed on 14th October 1944. For some reasons which are not clear on record, the sale certificate was issued as late as 18th March 1953. It is not disputed that judgment - debtor Ratanchand Walchand died on 6th March 1935 i.e., long before the auction - sale in question was held. Judgment - debtor Hirachand Gambhirmal died on 21st Apr









































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