Supreme Court · 1966 INSC 149 · Decided 31 August 1966
Chouthi Parsad Gupta v. Union of IND1A and ORS.
- Court
- Supreme Court of India
- Citation
- 1966 INSC 149 · [1967] 1 S.C.R. 207
- Case number
- CIVIL APPEAL No. 556/1964
- Decided
- 31 August 1966
- Bench
- K.N. WANCHOO, J.C. SHAH, R.S. BACHAWAT (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 145
Headnote
H ' CHOUTHI PARSAD GUPTA Y. UNION OF IND1A AND ORS. August 31, 1966 [K. N. WANCHOO, J.C. SHAH AND R. S. BACHAWAT, JJ.) Code of Civil Procedure (Act V of 1908). s. 145 and O.XXI, r. 46(1) -Prohibitory order under the rule-If s. 145 is attr'!Cted. The appellant, who was the decree-holder, applied attachment under 0. XX!, r. 46(1), Civil Procedure Code by prohibiting the Sub-divisional Officer from banding over the property to the judgment-debtor. Thereafter, instead of following the proper proce­ dure which was to sell the property under O.XXI, r. 64 and then pass an order for its
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