JAYARAMA AIYAR Vs. VRIDHAGIRI AIYAR

JUDGEMENT

(1.) These proceedings were marked in the lower Court by grave irregularities and it is the more necessary that in correcting these irregularities we should be careful to do nothing which would inflict unfair prejudice on either party.

(2.) The sale, which is the subject of these proceedings was according to the proclamation to be held by the Central Nazir of the Cuddalore District Court on 10th July, 1919, and it was held accordingly. On the evening of that day the judgment-debtor represented to the Court that bidders had not come and that the sale was open to objection on other grounds, with which we are not concerned. Afterwards, and this was material in connection with the representation that bidders had not come, he brought to the notice of the Nazir that the process- server charged with the duty of making the proclamation in the village had proclaimed that the sale would be held not by the Central Nazir at Cuddlier but by the District Munsif s Court of Villupuram. This communication from the judgment- debtor to the Nazir was brought to the notice of the Court on the next day, 11th July, 1919, and I am constrained to express my disapproval of the Court s method of doing business by accepting representations of this kind made by a Subordinate Officer. Such complaints should be considered by the Court, only when they are made to it in open Court in the usual way.

(3.) The Court then, however, at once cancelled the sale of the three items of property which had been sold the previous day of which the 2nd and 3rd items, those purchased by the appellant, are the subjects of the present appeal. It also directed the refund to the purchasers of their deposits and lastly it ordered that a fresh sale should be held on the 20th August on a fresh proclamation. It does not appear that any communication of these orders was made, at all events at the time, to the present appellant. For, on the 24th July 1919, he paid into Court the remainder of the purchase money due from him and on 12th August 1919, applied for confirmation of sale and the grant of sale certificate and again this cancellation of the sale was obviously an irregularity of considerable moment.