SYED ABDUL RAHIMAN SAHIB Vs. GOVINDA PADAYACHI

JUDGEMENT

(1.) Paragraph 9 in form No. 56 appended to the Civil Rules of Practice appears under the general heading " conditions of the sale." In my opinion the paragraph is directory and cannot be said to be a condition of sale in the ordinary acceptation of the term.

(2.) I do not think paragraph 10 applies to a case where a party fails to comply with the directions given in paragraph 9. If paragraph 9 was intended to be anything more than the directory, I should be disposed to hold, it would be ultra vires as inconsistent with Section 312 of the Civil P. C.. Both paragraphs 9 and 10 have now been deleted from the form. I set aside the order cancelling the sale and directing the deposit to be credited to Government.

(3.) The case will go back to the District Munsiff.