Syed Abdul Rahiman Sahib Vs Govinda Padayachi and Others

Madras High Court 18 Jan 1905 (1905) 01 MAD CK 0004
Bench: Division Bench

Judgement Snapshot

Hon'ble Bench

Charles Arnold White, J

Judgement Text

Translate:

Charles Arnold White, Kt. C.J.

1. Paragraph 9 in form No. 56 appended to the Civil Rules of Practice appears under the general heading "" conditions of the sale."" In my opinion

the paragraph is directory and cannot be said to be a condition of sale in the ordinary acceptation of the term.

2. I do not think paragraph 10 applies to a case where a party fails to comply with the directions given in paragraph 9. If paragraph 9 was intended

to be anything more than the directory, I should be disposed to hold, it would be ultra vires as inconsistent with Section 312 of the Code of Civil

Procedure. Both paragraphs 9 and 10 have now been deleted from the form. I set aside the order cancelling the sale and directing the deposit to

be credited to Government.

3. The case will go back to the District Munsiff.

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