High CourtsDivision Bench(1938) 08 MAD CK 0015

M. Govindarajulu Chetty and Others vs O.C. Ramaswamy Chetty and Others

Madras High Court · Decided on 1 August 1938 · Citation: AIR 1940 Mad 6

HON’BLE JUDGES
Burn, J

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Judgment

3 paragraphs · 66 words

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

Rule 58(2), Civil P.C., 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. I make no order as to costs in this petition.