In Re: In the Matter of the Petition of Bhekraj Koeri

Calcutta High Court 5 Apr 1880 (1880) 04 CAL CK 0013
Bench: Full Bench
Acts Referenced

Judgement Snapshot

Hon'ble Bench

Richard Garth, J; Pontifex, J; Morris, J; Mitter, J; Jackson, J

Acts Referred
  • Civil Procedure Code, 1877 - Section 290

Judgement Text

Translate:

Richard Garth, C.J.@mdashUpon the assumption contained in the question referred, we are of opinion that the Court has power, under proper circumstances, to set aside the sale, notwithstanding the Judicial Commissioner''s order.

2. Upon this opinion being pronounced by the Full Bench, the case was sent back to the Division Bench to determine, 1st, whether the requirements of Section 290 were, or were not, essential to the validity of the sale; and, 2ndly, assuming this to be so, whether, under the circumstances of the case, the sale ought to be set aside; but upon the matter coming on again before the Division Bench, the case was, at the suggestion of the Court, compromised by the parties.

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