1963 (3) TMI 80

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..... Asthana, 1. I have heard the learned counsel for the parties. The important question which arises for consideration in this revision relates to the meaning of the word 'entertain' occurring in the proviso added by this Court to Order XXI, Rule 90, C.P.C. The execution Court rejected the application of the judgment-debtor for setting aside of the sale on the ground that he had failed to .....

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..... 759 also decided by a Division Bench consisting of Srivastava and Katju, JJ, In that case the learned Judges rejected the argument that the word 'entertain' had been used in the proviso to mean 'admit', but observed that the application (for setting aside the sale) may be filed but the applicant will have, in any case, to comply with the proviso before the period for the filing of .....

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..... of the Court about the way in which the security was to be furnished but the necessary directions were not given, if she filed a security bond within time but was not allowed to have the bond registered and no orders were passed within time on her application to have the bond corrected and the formal defects in it removed, the appellant could not be made to suffer for those omissions and it was f .....

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..... supra). My attention has further been drawn to another decision of this Court also by a Division Bench consisting of the Chief Justice and Mr. Justice S.D. Singh in the case of Rahim Bux v. Haji Sanaulla and Sons, (1963 All LJ 204 : AIR 1963 All 320). The view taken in this later case is the same as the view taken in the case of (1962 All LJ 574 :AIR 1962 All 547). It is clear, therefore, that th .....

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..... nd limitation. 2. I, therefore, allow this revision, set aside the order of the Court below and send the case back to the executing Court for allowing an opportunity to the applicant for complying with the proviso and then consider the application under Order XXL Rule 90 on merits. In the circumstances of the case there would be no order as to the costs.
Case laws, Decisions, Judgements, Orde .....

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