Madras High Court
M. Govindarajulu Chetty And Ors. vs O.C. Ramaswamy Chetty And Ors. on 1 August, 1938
Equivalent citations: AIR 1940 Mad 6
ORDER
Burn, J.
1. It is not, I think, possible for a Court to order the issue o£ a proclamation of sale while a claim petition is pending. Order 21, Rule 58(2), Civil P.C., does not apply to this case. The learned District Munsif’s order, ‘meanwhile the sale will be proclaimed,’ is therefore without jurisdiction and is set aside. I make no order as to costs in this petition.