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october 2008

Supreme Court of India · 2008-10-24

Chinnakarupathal & Ors vs A.D. Sundarabai & Ors

Citation / case number
AIR 2009 SUPREME COURT 709
Court
Supreme Court of India
Petitioner
Chinnakarupathal & Ors
Respondent
A.D. Sundarabai & Ors
Author
R.V.Raveendran
Bench
Aftab Alam, R V Raveendran

Judgment text excerpt

The Supreme Court addressed the application of Section 144 of the Code of Civil Procedure regarding restitution following the setting aside of a money decree. The Court held that the surety's legal representatives could not set aside the auction sale without complying with the deposit requirements under Order 21 Rule 89 CPC. The Court dismissed the applications filed by Rajammal and the appellants, affirming the Executing Court's decision and emphasizing the necessity of adhering to procedural mandates for relief under the Tamil Nadu Agriculturists Relief Act, 1938.

Chinnakarupathal & Ors vs A.D. Sundarabai & Ors · Niyam