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Hari Charan Singh vs Chandra Kumar Dey on 30 April, 1907 cites

Baijnath Sahai vs Moheep Narain Singh And Ors. on 28 March, 1889

In the judgment relied on neither this case nor (in this connection) the Privy Council decision Baijnath Sahai v. Ramgut Singh (1896) I.L.R. 28 Calc. 775 was referred to. The Privy Council decision was a stronger case than the present one, as there was no certificate at all. Yet the Judicial Committee were of opinion that the one year limitation under Article 12 of the Limitation Act would have been applicable were it not that the confirmation of the sale having been within that period limitation was not in fact a defence to the action. Were it the fact that by reason of the absence of Service of notice the certificate was invalid and the Sale there under therefore a bad sale, I should have held on the authority of the decision of the Judicial Committee that this suit was barred by Article 12. In the view however which I take of this part of the case the question of limitation does hot arise. I am how considering the case simply from the point of view of absence of notice under Section 10 and assume for the purpose of this finding that there is ho other objection to the certificate proceeding. If that were so then in my opinion, a suit would not lie to get aside a sale on the ground that there was no valid decree in execution of which it was held. Nor does it appear to me to be reasonable that where it is admitted that there was an arrear of road cess and a certificate is therefore duly made and filed and notwithstanding absence, of notice under, Section 10 or defective notice, a party (as here) appears, is heard and reheard and adopts the proceedings for two and a half years, that it should be open to him to say at their conclusion that though the proceedings were otherwise regular they must be declared to be wholly bad simply and solely because of the absence of or defect in the notice given for the preliminary purpose of attaching the property subsequently sold.
Calcutta High Court Cites 2 - Cited by 54 - Full Document
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