JIBON KRISHNA MUKHERJEE,& ANOTHER versus NEW BHEERBHUM COAL CO. LTD. & ANOTHER

JIBON KRISHNA MUKHERJEE,& ANOTHER versus NEW BHEERBHUM COAL CO. LTD. & ANOTHER

Order 21 Rule 89 of the Code of Civil Procedure does not apply to sales held by a receiver appointed by the court in execution proceedings, since such sales are not subject to sale proclamations under Order 21 Rule 66. Relief under section 151 CPC cannot be invoked in circumstances of repeated default by judgment debtor.

Parties
Appellant: Jibon Krishna Mukherjee; Respondent: New Bheerbhum Coal Co. Ltd.; Respondent: Sukhlal Amarchand Vadnagra
Jurisdiction
India
Judgment Date
10 November 1959
Procedural Posture
Civil Appeal / Appeal From Calcutta High Court, Decided by Supreme Court
Outcome
appeal dismissed
Legal Topics
Execution of Decree, Receiver's Sale, Setting Aside Sale, Inherent Powers of Court
Civil Procedure Execution of Decree Receiver's Sale Setting Aside Sale Inherent Powers of Court

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Parties

Jibon Krishna Mukherjee

Appellant

New Bheerbhum Coal Co. Ltd.

Respondent

Sukhlal Amarchand Vadnagra

Respondent

Procedural Posture

Civil Appeal / Appeal From Calcutta High Court, Decided by Supreme Court

Legal Issues

  1. 1 Whether Order 21 Rule 89 of the Code of Civil Procedure applies to a sale held by a receiver appointed by the court
  2. 2 Whether the court's jurisdiction under section 151 of the Code of Civil Procedure may be invoked to set aside the receiver's sale

Ratio Decidendi

Order 21 Rule 89 of the Code of Civil Procedure does not apply to sales held by a receiver appointed by the court in execution proceedings, since such sales are not subject to sale proclamations under Order 21 Rule 66. Relief under section 151 CPC cannot be invoked in circumstances of repeated default by judgment debtor.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs