SHAH YESHWANT MAGANLAL Vs. TRUSTEES OF TRUST SHAH MAGANLAL KHUSHALDAS
HIGH COURT OF GUJARAT
SHAH YESHWANT MAGANLAL
TRUSTEES OF TRUST SHAH MAGANLAL KHUSHALDAS
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V.B. Raju, J. -
(1.) The learned counsel for the appellant has given an application to convert this first appeal into an appeal from order. The learned counsel for the respondents have no objection, and hence this appeal is treated as an appeal from order.
(2.) The appeal is against the order of the lower court rejecting an application to set aside the Court sale held in Darkhast No. 156/50 in jurisdiction Suit No. 230 47 to recover mortgage money. The contentions of the judgment-debtor contained in that application were all rejected by the lower Court, and they are re-argued in this appeal. The first is that the property was purchased by a person who had acted as a Panch at the time of the valuation at the property. It is, therefore, contended that under Order 21, Rule 73, C. P. Code, the sale is vitiated. Order 21, Rule 73, C. P. Code reads as follows:-" No officer of other person having any duty to perform in connection with any sale shall, either directly of indirectly, bid for, acquire or attempt to acquire any interest in the property sold".
(3.) A person who acts as Ranch at the time or the valuation of property for the purpose of including the estimation of the value of the property in a proclamation, cannot be regarded as an officer or a person having any duty to perform in connection with the sale. He acted as a Panch because he happened to be selected as a Panch. If be had not been selected as a Panch he would not have acted as a panch. He had no duty to perform in connection with the sale. There is no duty on the Court to make a Panchnama as to the valuation of the property. The contention is, therefore, rejected,;
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