High CourtsDivision Bench(1938) 08 MAD CK 0006

M. Govindarajulu Chetty and Another vs O.C. Ramaswami Chetty and Others

Madras High Court · Decided on 1 August 1938 · Citation: (1939) 50 LW 338 : (1939) 2 MLJ 505

HON’BLE JUDGES
Burn, J

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Judgment

4 paragraphs · 68 words

Burn, J.—It is not I think possible for a Court to order the issue of a proclamation of sale while a claim petition is pending. Order 21, Rule

58(2) of the CPC does not apply to this case. The learned District Munsif''s order ''meanwhile the sale will be proclaimed'' is therefore without

jurisdiction and is set aside.

2.

I make no order as to costs in this petition.