Supreme Court · 1996 INSC 205 · Decided 8 February 1996

Seth Banarasi Dass (Dead) BY LRS. v. The District Magistrate and Collector, Meerut and ORS.

Court
Supreme Court of India
Citation
1996 INSC 205 · [1996] 2 S.C.R. 268
Case number
CIVIL APPEAL No. 1644/1980
Decided
8 February 1996
Bench
M.M. PUNCHHI, SUJATA V. MANOHAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 47

Headnote

Civil Procedure Code, 1908-Section 47-Auctiqn sale-Objeetion relat- e ing to execution, discharge or satisfaction of claint-To be dete1mined by officer in charge of execution before proceeding with executi<;m by way of sal~Proceeding with auction sale withouJ adjudication Upon 01Jjec&shy; was the lessee of a Sugar Mill,; In respei;'.t Qf sugercane&middot; cess, purchase tax and other Government dues of the Mills, tlte-Collector issued a recovery certificate against the appellant in his pers,0nal capacity. The appellant being&middot; the owner of some equity shares and

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