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The High Court dismissed an application to postpone a sale in execution of a mortgage decree, holding that Order XXI Rule 81 does not apply to mortgage sales.
The application was dismissed because it did not fulfill the statutory requirements for postponement of sale under Order XXI Rule 81 of the Civil Procedure Code, as the applicant failed to demonstrate that the amount decreed could be raised by mortgage, lease, or private sale, and instead sought attachment of unrelated property. Additionally, the application was not compliant with the Probate and Administration of Estates Act, as only one administrator acted.
Source excerpt
The application was dismissed because the property in question had already been sold prior to the filing of the application, rendering the application for investigation and postponement of sale moot and overtaken by events.
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