Madras High Court
Sree Raja Sobhanadri Appa Row Bahadur ... vs Govindaraju Seetaramiah And Ors. on 14 September, 1915
Equivalent citations: 31IND. CAS.305, AIR 1916 MADRAS 706(2)
JUDGMENT
1. We are of opinion that when a decree-holder purchases property in execution of an ex parte decree which is set aside, the sale becomes ipso facto void. Set Umedmal v. Srinath Ray 27 C.W.N. 692. The decree-holder was the party having the conduct of the suit, and it is difficult to see what equities can arise in his favour in cases where he obtains an ex-parte decree which is set aside on the ground that the defendants were not served. Cases where strangers have purchased in execution are distinguishable, as also where the purchaser is a defendant. It is unnecessary to consider whether in cases of purchase by defendant, the sale is voidable or absolutely void. In the view we take, the decision of the lower Appellate Court is right. We dismiss this second appeal with costs.