- (1.) Heard the parties.
(2.) This appeal is filed by the defendants against the judgment passed by the High Court in Second Appeal. The plaintiffs' suit was dismissed by the trial court. In appeal the First Appellate Court confirmed the decree of the trial court. Aggrieved thereby, the plaintiffs filed Second Appeal before the High Court.
(3.) The High Court framed a substantial question of law as under : 1. It is open to the appellants to challenge the sale on the following grounds : a)The property was subject to mortgage and there was contravention of the sections 35 and 85 of the Karnataka Co- operative Societies Act, 1959. b)The sale was in breach of Order 21 Rule 64 CPC on the ground that the property sold was worth much more than the amount sought to be recovered. c)Status as debtor of the father of the appellants who suffered decree for money 2. Whether the decree made by the lower appellate court is vitiated for its failure to consider the points involved in question No.1 ;