Supreme Court · 1964 INSC 53 · Decided 4 March 1964
N.VAJRAPANI Naidu and Another v. The New Theatre Carnatic Talkies LTD., Coimbatore
- Court
- Supreme Court of India
- Citation
- 1964 INSC 53 · [1964] 6 S.C.R. 1015
- Case number
- CIVIL APPEAL No. 264/1962
- Decided
- 4 March 1964
- Bench
- P.B. GAJENDRAGADKAR, K.N. WANCHOO, J.C. SHAH, N. RAJAGOPALA AYYANGAR, S.M. SIKRI (5-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution Article 19(1)
Headnote
SUPREME COURT REPORTS 1015 not like to go through the entire sale proceedings overagain. In one contingency this proviso also works for the benefit of the judgment-debtor, for he will be relieved of part of his indebtedness. But anyhow this does not show that the main provision is not he can waive the right conferred on him under s. 35 of the Act. If that be the legal position, 0. XX!, r. 90 of the Code of Civil Procedure is immediately attracted. The concurrent finding of the courts is that by reason of the non-observance of the provisions of s. 35 of the Act no
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)