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Munshi-- for Appel United "Refineries {Burma) Ltd and lant others--Respondents,
Young and Pandit--for Respondents First Appeal No 53 of 1932, Decided
Page G J --This appeal must be dis on 23rd January 1933, against
judgment missed Although I am not able to ac of Dist Judge, Hanthawaddy,
D/- 11th cept in toto the grounds either in law March 1932 or in
fact upon which the order of the (a) Civil P C (1908), O 21, R
22--No District Court was based, I am of opin notice, no jurisdiction
to sell property A notice under 0 21, R 22 is necessary in ion
that the order dismissing the appel order that the Court should
obtain jurisdiction lant's application was correct, and must to
sell property by way of execution as against be confirmed The appellant
applied the legal representative of a deceased judgment- under
S 47, Civil P C to the District debtor A sale held in the course
of execution proceedings without the issue of a notice to the Court
of Hanthawaddy for an order that legal representative of a party
in a case in which the execution proceedings in Civil Execu O 21,
R 22, applies is irregular and inopera tion No 30 of 1931 and the
sale of a tive as against such legal representative: 20 refinery
held in the course of the said Cal 370, Foil
1
AIR 1928 Cal 60
All India Reporter, Calcutta Series
India - West Bengal
Cases Referring to this Case
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