High Courts(1897) 08 CAL CK 0008

Harish Chandra Ghose vs Ananta Charan Patra and others

Calcutta High Court · Decided on 4 August 1897

CASE NUMBER
Rule No. 372 of 1897

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Judgment

2 paragraphs · 123 words
1.

This is a Rule calling upon the opposite parties to show cause why the order of the Deputy Collector of Cuttack setting aside a sale should nut he reversed and the sale confirmed. In our opinion the order of the Deputy Collector was not a right one. The CPC applies up to the sale and does not apply after it. Sec 310A comes in after the provisions relating to sale. We think, therefore, that the Petitioner is right in saying that the Deputy Collector was not authorized to set aside the sale under sec. 310A, and we accordingly set aside the order of the Deputy Collector and confirm the sale.

2.

We assess the costs of this Rule at one gold mohur.