SAMBASIVA AYYAR Vs. VYDINADASAMI
LAWS(PVC)-1901-11-31
PRIVY COUNCIL
Decided on November 25,1901

SAMBASIVA AYYAR Appellant
VERSUS
VYDINADASAMI Respondents

JUDGEMENT

- (1.) The words of the Section 307 of the Civil P. C. are clear and imperative, and must be given effect to.
(2.) The fact that the decree-holder and the judgment-debtor do not ask for a re-sale but consent to the original sale being allowed to stand, is no reason why the Government should forego the forfeiture. The forfeiture is imposed by the Code in order to prevent waste of the Court's time in conducting re-sales in consequence of defaults like the present.
(3.) There was nothing, we may add, so far as appears, to have prevented the purchaser from sending the money to the Court within time even if he was unable to attend in person.;


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