Supreme Court · 1978 INSC 55 · Decided 28 February 1978
Himmatbhai Son of Chaganlal v. Rikhilal and ORS.
- Court
- Supreme Court of India
- Citation
- 1978 INSC 55 · [1978] 3 S.C.R. 429
- Case number
- CIVIL APPEAL No. 2337/1968
- Decided
- 28 February 1978
- Bench
- R.S. SARKARIA, P.S. KAILASAM (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Civil I'rvctdure Code, Order 21, Rules 89 and 90-Application by one judg­ n1enr del;t{)r under Rule 90-JVhether bars mainll'nance of application by other Judgment debtors under Rule 89. In cxccutioo of a money decree, a house belonging to respondent~ Nos. 1 to 16 and 18, was sold to the B.i.bu1a1 respondent No. 18 herein, preferrcJ an application under Order, A 21, Rule 90 C.P.C., for setting aside thei sale. Later, on behalf of himself and C two other judgment debtors, he filed another application under R.ule 89, an~ deposited the decretal a.nd compensation amounts. The Trial
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