NAGAMALAI Vs. P KALIAPPA GOUNDER

JUDGEMENT

(1.) THE debtor in LP. No. 82 of 1972 has filed this appeal against the order, dismissing an application for setting aside the sale.

(2.) THE appellant has filed the application for setting aside the sale held on 26. 6. 1976 on the ground that there was no proper notice and for the auction held on 26. 6. 1976 notice was given only on 25. 6. 1976. THE other ground is that except the first respondent there is no other bidders in view of the want of notice and the price which it fetched is also very low. THEre are irregularities in the conduct of the sale because of the lack of proper publication of the notice.

(3.) THE learned counsel for the respondents contended that there was proper notice and there was proper publication about the auction also. Further the sale was held on 26. 6. 1976 and the application for setting aside the sale was filed on 27. 1. 1977 and as such the application is barred by limitation. THE learned counsel for the respondents also referred to Sec. 68 of the Provincial Insolvency Act and contended that the limitation is 21 days for filing the appeal against the order of the Receiver. THE applicant ought to have filed an appeal against the order of sale and that too within 21 days from the date of sale. He cannot file an application for setting aside the sale and as such the findings of the courts below are correct and the appeal is liable to be dismissed. It is the contention of the learned counsel for the respondents that even though there is no need to file an appeal, but still the appellant could have filed an application for setting aside the sale under sec. 68 of the said Act.