YANDRAPATI PRAKASAM Vs. PERLA KOTAIAH

JUDGEMENT

(1.) This appeal turns on the interpretation of the provisions of section 4-A of the Madras Civil Courts Act. The facts are that after the settlement of the sale proclamation, the execution proceedings in this case stood adjourned to 24th June, 1963 in the Court of the principal District Munsif. Machilipatnsm. The sale was adjourned from that date to 1st July, 1963. On that date the principal District Munsiff happened to be on leave and the papers were placed before the Additional District Munsif, who directed the adjournment of the sale till the 15th July, 1963. On the adjourned date the principal District Munsif held the sale and the appellant had become the auction-purchaser. The present application is for the cancellation of the sale on the ground that at a particular point of time the matter was dealt with by the Additional District Munsif who had no jurisdiction. It is said that the adjournment of the sale from 1st July, 1963, was ordered by the Additional District Munsif and the order of adjournment is without competence and if the sale was held on 15th July, 1963 it was in pursuance of the adjournment granted by the Additional District Munsif. This is said to be a factor that vitiates the entire proceedings although the sale itself was held by the principal District Munsif who, it is not disputed, had jurisdiction in respect of this particular case.

(2.) It was by upholding this objection that the lower Appellate Court set aside the sale and the auction-purchaser has preferred this appeal.

(3.) Section 4-A of the Madras Civil Courts Act provides inter alia that where more than one District Munsif is appointed to a District Munsif's Court one of the District Munsifs shall be appointed as principal District Munsif and the other or others as Additional District Munsifs. The second clause of the section is material and runs as follows :- "Each of the judges appointed to a Subordinate Judge's Court or a District Munsif's Court may exercise all or any of the powers conferred on the Court by this Act or any other law for the time being in force." The third clause is to the effect that subject to the general or special orders of the District Judge, the principal District Munsif may, from time to time, make such arrangements as he thinks fit for the distribution of the business of the Court among the various Judges thereof.