Allahabad Court December 1988 Judgments
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G.K. Brothers Vs. Hindi Pracharak Prakashan and ors.
Court: Allahabad
Decided on: Dec-02-1988
Reported in: AIR1989All173
ORDERK.C. Agrawal, J. 1. This is a judgment-debtors' revision under Section 115 of the Code of Civil Procedure against the judgment and order of the Court below dismissing the objection filed under Order XXI, Rule 90 of the Code of Civil Procedure (for short 'the Code') on the ground of non-compliance of Clause (b) to proviso addedby the Allahabad High Court to Order XXI, Rule 90 of the Code. The relevant proviso reads :'That no application to set aside a sale shall be entertained - (a) .....' (b) unless the applicant deposits such amount not exceeding twelve and half, per cent, of the sum realised by the sale or furnishes such security as the Court may in its discretion fix except when the Court for reasons to be recorded dispenses with the requirements of this clause.....' 2. What happened in this case was that in execution of the money decree obtained by the opposite party M/s. G. K. Brothers, Birtana Road, Kanpur, the house of the applicants was attached and sold. The applicants f...
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