Search Results Page
Search Results
1 - 4 of 4 (0.25 seconds)The Code of Civil Procedure, 1908
United Bank Of India vs Sh. Naresh Kumar And Ors on 18 September, 1996
6. After holding that objections were filed by the Pradhan on behalf of Gaon Sabha objections should have been held to be maintainable. Gaon Sabha is always represented by Pradhan. It is not understandable that what the learned A.D.J meant by first saying that objections were filed by the Pradhan on behalf of Gaon Sabha and then saying that objections were filed by the Pradhan in his personal capacity. This observation is self-contradictory. In any case even if there was some technical flaw in filing the objections its benefit could not be given to the respondents to usurp the property of the Gaon Sabha. The court is required to be more concerned about the substance than mere technicalities. The Supreme Court in United Bank of India v. Naresh Kumar AIR 1997 SC 3 has held that suit filed by the Bank shall not fail due to absence of signature of proper officer in plaint. Same principle will apply in the instant case also; even if it is held that there was some defect in the representation of Gaon Sabha as mentioned in the application under Section 47 C.P.C. However I do not find any substantial defect in the description of Gaon Sabha in the application under Section 47 C.P.C. Gaon Sabha could sue through Pradhan and it in fact filed objections through Pradhan.
Abdul Ghani vs Mahendra Kumar And Ors. on 18 September, 1978
In this regard, reliance was placed upon an authority of this Court reported in Abdul Ghani v. Mahendra Kumar and Ors. , wherein it was held that if a stranger has purchased the property in auction then after reversal of the decree auction can not be set-aside. The said principle is not at all applicable to the facts of the instant case. In the instant case, no prayer was made for setting aside the decree in execution of which property in dispute was sold. In the instant case, objections against execution were filed under Section 47 C.P.C. which were quite maintainable.
1