NARAYAN PURUSHOTTAM BANSOD Vs. RAMCHANDRA MUDGALJI CHOUDHARKAR

JUDGEMENT

(1.) WE are concerned here with a Small Cause Court decree passed in the year 1935. As a Small Cause Court cannot attach immovable property this decree was transferred to the regular side for execution and there certain revenue paying land was attached.

(2.) UNDER the rules then in force the civil Court had to transfer such matters to the Collector for sale because the land was revenue paying property. Accordingly the C form was prepared and was dispatched to the Collector. For one reason and another which does not concern us now, the matter remained pending before the Collector for merely two years and then, in 1943, before the sale could be effected, the Provincial Government revoked the Collector's powers and directed that all sales, including those of revenue paying estates, should be: held by the civil Courts. Accordingly, in accordance with the instructions issued as a consequence of this change 4he Collector returned the G form to the civil Court.

(3.) AFTER this was done (or so the appellate Court finds) the reader added the following: Mr. Banoore pleader present for judgment-debtor. Sale notice not necessary Because of this addition no notices were issued.