R RAJAMMA Vs. AVULA SARASWATHAMMA
HIGH COURT OF ANDHRA PRADESH
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(1.) This appeal by the 8th defendant who is the widow and legal representative of the third defendant, is directed against the decree and judgment of the learned Additional District Judge, Nellore dated September, 13, 1968, by which the suit O. S. 3/1965 instituted by the respondents herein was decreed..
(2.) That suit itself was instituted in forma pauperis for partition and separate possession of the plaintiffs 1/4th share in the plaint schedule property and for profits.
(3.) The point raised in this appeal for determination is whether an order passed by a Court under sub-rule (1) of Rs. 92 of Order 21 of the Code of Civil Procedure confirming the sale of immovable property held in execution of a decree representatives of the judgment debtor who died subsequent to the date on which the sale was held and prior to the date of confirmation of sale were not brought on record notwithstanding the fact that the applications filed by the judgment-debtor under Rules 89 and 90 of Order 21, Civil P.C. were disallowed. The Counsel appearing on either side stated that the point so formulated, was not covered by any authority either of this Court or of any other Court.;
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