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(1959) 2 MLJ 186 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : Mr. Justice Basheer Ahmed Sayeed
Case Number(s) : C.R.P. No. 1424 of 1957. (21st Magha, 1880-Saka.)
Judgement Date :
Tuesday 10th of February 1959
| Balakrishna Koundar | .....Appellant(s) | | Versus | | | Amirthavalli Ammal and another | .....Respondent(s) |
Civil Procedure Code (V of 1908), Order 21, rule 89 (as amended in Madras)— “Person holding an interest” — Execution sale — Judgment-debtor rot heard of for four or five years — Application by wife to set aside sale by making deposit of decree amount and five per cent. — Maintainability — Failure to prove that husband has not been heard of for seven years — Right to apply —” Person deriving title from judgment-debtor — Evidence Act (I of 1872), sections 107 and 108 — Burden of proof.
Cases Referred
Mollaya Padayachi v. Krishnaswami Iyer : [1924] 47 M.L.J. 622
Potti Naicker v. Suppammal [1922] 20 L.W. 31
Mammu v. Vinayaka Kamath A.I.R. 1951 Mad. 816 : [1951] 1 M.L.J. 420
Kammiruddin Khan v. Sachidananda Juna A.I.R. 1948 Pat. 66
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