LAWS(PVC)-1920-4-169

NEWAJUDDIN MONDAL Vs. RAJA SASHI KANTA ACHARJEE BAHADUR

Decided On April 19, 1920
NEWAJUDDIN MONDAL Appellant
V/S
RAJA SASHI KANTA ACHARJEE BAHADUR Respondents

JUDGEMENT

(1.) This appeal is against an order rejecting an application for setting aside a sale under Order XXI, Rule 90, Civil Procedure Code.

(2.) The sale was sought to be set aside on the ground that the sale proclamation and other processes bad been suppressed and that in consequence the property had been sold at a grossly inadequate price. The appellant, however, failed to produce any evidence that the property had been sold for an inadequate price and the lower Appellate Court practically found that there was no suppression of the sale proclamation, nor was the price realized really very inadequate. The findings, therefore, on these points cannot be challenged and the appellant has not sought to challenge these findings before us.

(3.) The only point, however, which the appellant pressed before us was that there was no notice under Order XXI, Rule 22, of the Code and that all the proceedings consequently were void.