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CHELLAPPA v. SELVADURAI


Chellappa V. Selvadurai

Present: Lascelles C.J. and Wood Renton J.

CHELLAPPA v. SELVADURAI.

23-D. C. Trincomalee. 389.

Civil Procedure Code, as. 272, 282, 283, and 265-Decree-holder may bid for or purchase property only with the sanction of Court-Court may impose terms-Irregularity in conducting sale-Objection in sale must, be made within thirty days.

A decree-holder may only bid for or purchase the properly at the execution sale with the previous sanction of the Court, and subject to such terms as the Court may impose.

Sections 282 and 283 of the Civil Procedure Code require that the grounds of each irregularity on which a person desiring to set aside a sale relies should be expressly notified to the Court within the period of thirty days contemplated by the sections, and the Court has no power to set aside (whatever hardship the particular circumstances of the case may disclose) any sale on the ground of an irregularity which has not been so notified.

Where the Fiscal ignored the condition imposed by the Court. directing that no bid be accepted from the decree-holder below the appraised value, and sold the property to the decree holder at a mere fraction of

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