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Judgment
5 paragraphs · 121 words
1.
No doubt ''there ought, in strictness, to be an order absolute for sale before the order for sale is passed and if the objection had been taken
before the sale took place it might have prevailed and the decree-holder might have remedied the defect.
2.
Here, however, the judgment-debtor waited although he had notice of the intended sale and actually applied for an adjournment of it. Under
these circumstances, we do not think he ought to be allowed to object to a defect by reason of which he does not allege that he has suffered. We
must reverse the order of the Subordinate Judge and restore that of the District Munsiff with costs here and in the lower appellate Court.