Bombay High Court
Hazarimal Fakirchand vs Namdev Rakhmaji on 20 February, 1908
Equivalent citations: (1908)10BOMLR296
JUDGMENT Lawrence Jenkins, C.J.
1. No reference in this case lies, because no order can be made under the second paragraph of Section 294 of the Code of Civil Procedure. That section is perfectly clear. The first paragraph of that section requires the permission of the Court to enable the holder of a decree to bid for property. If he gets that permission and gets it without qualification, then the amount due on the mortgage may, if he so desires, be set off. But it may be one of the terms on which permission to bid is granted that there should not be this right of set off. That seems to be the case here. It is clear then that the Subordinate Judge has no power to direct a set-off.
2. We are obliged to the pleaders who have assisted us with their arguments in this case.