Chennai Court April 1979 Judgments
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G. Subramania Mudali Vs. Srinivasa Pillai and anr.
Court: Chennai
Decided on: Apr-02-1979
Reported in: (1979)2MLJ373
ORDERV. Balasubrahmanyan, J.1. This appeal raises a point of principle about condonation of delay in execution proceedings. A question of this sort immediately sets legal minds thinking about Section 5 of the Limitation Act, almost by automatic reflex. It did so in this case too. Only its application proved far too involved and ticklish.2. The problem arose this way. The appellant's property was sold in execution of a decree against him. The auction-purchaser obtained his sale certificate and moved the executing Court for delivery. But this application was dismissed one the day when it was called as nobody appeared. There was a counsel on record, but he was absent. The auction-purchaser thereupon moved the executing Court for setting aside the dismissal for default. Even this application was belated, filed as it was beyond 30 days. Hence the auction-purchaser moved another application for condonation of the delay. On notice of this last application, the judgment-debtor opposed it tooth...
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