HIGH COURT OF HIMACHAL PRADESH
Click here to view full judgement.
(1.) THIS is an appeal against a judgment and decree of the Chief Court, dated 23rd Asoj 2003, reversing a judgment and decree of the District Judge dated 17th Bhadon 2003, and restoring the judgment and decree of the Subordinate Judge, dated 2nd Jeth 2003, by which the suit was decreed.
(2.) ONE Jaishi Ram, who was made a party to the suit as a defendant but who has not put in his appearance throughout these proceedings, in execution of an ex parte decree obtained by him against the plaintiff Jainand had Jainands shop sold. The defendant, Gauri Ram, is the auction -purchaser. The shop was sold on 27th Magh 1997 and the sale was confirmed on the same date. The auction -purchaser, Gauri Ram, then obtained possession of the shop.
In Har 1999, sixteen months after the date of the confirmation of the sale, Jainand brought this suit for a declaration that the sale was illegal and without jurisdiction and should be declared null and void on grounds of fraud practised on the Court.
(3.) THE defence was that the sale was valid and binding on the plaintiff.;
Copyright © Regent Computronics Pvt.Ltd.