High CourtsDivision Bench(1915) 03 MAD CK 0092

Hansraj Sowcar vs S.M. Sheik Mohideen Rowther and Others

Madras High Court · Decided on 26 March 1915 · Citation: 29 Ind. Cas. 745

HON’BLE JUDGES
John Wallis, C.J · Seshagiri Aiyar, J

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Judgment

2 paragraphs · 96 words
1.

The fact that all the property is not situated within the jurisdiction of the Court which passed the decree does not affect its jurisdiction to sell the property comprised in the decree. Tincouri Debya v. Shib Chandra Pal Chowdhury 21 C.P 639. The alleged undervaluation of the property in the proclamation for wale is not a material irregularity within the meaning of Section 115 of the Code of Civil Procedure.

2.

The civil revision petition is dismissed with the costs of the 1st respondent. The petition for stay of sale also is dismissed with costs.