POTTA REDDI Vs. KARUPPA GOUNDAN

JUDGEMENT

(1.) The decree-holder in the case filed an E.P. No. 63 of 1931 to bring the properties to sale. The sale was posted to 16 December, 1931 and by consent of parties adjourned to 16th March, 1932. The judgment-debtors in spite of notice took no part in the sale proclamation and came forward objecting to the property being sold in certain lots and other matters of this sort. By a consent order the sale was adjourned to 29 June, 1932. The order on the petition runs as follows: This is not pressed. Sale adjourned. Objection to sale proclamation given up.

(2.) This order is dated 23 March, 1932. The sale was again adjourned to 28 September, 1932, and even afterwards adjourned from day to day. An application for adjournment is put in on 5 October, 1932 and refused. The sale was concluded on 10 October, 1932. An application to set aside the sale was put in under Order 21, Rule 90, in which the objections to the sale application given up on a former occasion are repeated. There was a prayer to examine witnesses as to the value of the property or in the alternative, to depute a Commissioner. In the reply to the petition it was distinctly urged that the judgment-debtors were estopped by their conduct from raising these objections to the sale proclamation. The learned Subordinate Judge without giving any decision on the question of estoppel or any reasons for his order simply passed an order as follows: It is desirable to appoint a Commissioner and one will be appointed. Rs. 75 fees by 3 March, 1933.

(3.) Against this order the revision petition has been filed.