High CourtsDivision Bench(1909) 09 MAD CK 0011

Kandaswami Gurukkal and Another vs C.G. Krishna Row

Madras High Court · Decided on 21 September 1909 · Citation: 4 Ind. Cas. 1067

HON’BLE JUDGES
Munro, J · Abdur Rahim, J

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Judgment

6 paragraphs · 127 words
1.

On the application of the 4th September 1906, notice was given to the judgment-debtors and after notice, the transfer was held to be valid, the

decree was made absolute, batta was ordered for sale-proclamation and the transferee was given permission to bid. There has been no appeal by

the judgment-debtors.

2.

The respondent is a person who put in a claim u/s 278, Civil Procedure Code, and whose claim was rejected. He was neither a party to the suit

nor the representative of a party, and had no locus standi to put in the petition on which the order now under appeal was passed. We set aside the

orders of the Courts below with costs and direct the District Munsif to proceed with the Execution Application.