High CourtsDivision Bench(1940) 07 MAD CK 0011

Thiravia Nadar vs Paulraj Chelliah Nadar and Others

Madras High Court · Decided on 29 July 1940 · Citation: AIR 1941 Mad 74(2) : (1940) 52 LW 386 : (1940) 2 MLJ 417

HON’BLE JUDGES
Wadsworth, J

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Judgment

8 paragraphs · 144 words

Wadsworth, J.—The petitioner having deposited under Order 21, Rule 89 of the CPC the amount necessary to have the sale set aside and

this amount having been withdrawn by the decree-holder in full satisfaction, there no longer remains a debt to found an application under Madras

Act IV of 1938 or a decree to scale down. No refund of amounts paid can be ordered except under provisions of Sections 22 to 25, which have

no application when there is no subsisting sale to set aside. And the fact that the deposit under Order 21, Rule 89 of the CPC was made on the

day when the Act came into force has no bearing, when once it is conceded that the application under the Act was made long after the decree had

been satisfied.

2.

The petition is dismissed.

3.

There will be no costs.