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Hindusthan Commercial Bank Ltd. Versus Punnu Sahu

1969 (12) TMI 114 - SUPREME COURT OF INDIA

C.A. 1694 Of 1966 - Dated:- 1-12-1969 - Shah J.C. And Hegde K.S., JJ. JUDGMENT K.S. Hedge, J. 1. This is an appeal by special leave. It arises from Execution Case No. 16 of 1956 in the court of the First Additional Civil Judge, Varanasi. Therein certain properties belonging to the judgment-debtor were sold. The appellant moved the executing court under Order 21, Rule 90, CPC to set aside the sale. His application was dismissed on the ground that he was not an interested party. Aggrieved by that .....

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e a sale shall be entertained (a) upon any ground which could have been taken by the applicant on or before the date on which the sale proclamation was drawn up; and (b) unless the applicant deposits such amount not exceeding twelve and half per cent of the sum realised by the sale or furnishes such security as the Court may, in its discretion, fix except when the Court for reasons to be recorded dispense with the requirements of this clause: Provided further that no sale shall be set aside on t .....

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basis that the application was regularly made. The objection as to the maintainability of the application appears to have been taken for the first time in the High Court. 4. Before the High Court it was contended on behalf of the appellant and that contention was repeated in this Court, that Clause (b) of the proviso did not govern the present proceedings as the application in question had been filed several months before that clause was added to the proviso. It is the contention of the appellan .....

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ain in Mahavir Singh v. Gauri Shankar . These decisions have interpreted the expression "entertain" as meaning 'adjudicate upon' or 'proceed to consider on merits'. This view of the High Court has been accepted as correct by this Court in Lakshmi-ratan Engineering Works Ltd. v. Asst Commr., Sales Tax, Kanpur . We are bound by that decision and as such we are unable to accept the contention of the appellant that Clause (b) of the proviso did not apply to the present proc .....

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