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october 2008

Supreme Court of India · 2008-10-24

CHINNAKARUPATHAL vs A.D. SUNDARABAI(DEAD) THR. LRS. .

Citation / case number
SC 1998/5337
Court
Supreme Court of India
Petitioner
CHINNAKARUPATHAL
Respondent
A.D. SUNDARABAI(DEAD) THR. LRS. .
Author
R.V.RAVEENDRAN
Bench
R.V. RAVEENDRAN,AFTAB ALAM, , ,

Judgment text excerpt

The Supreme Court addressed the issue of restitution under Section 144 of the Code of Civil Procedure (CPC) in the context of auction sales and the rights of sureties. The Court held that the surety's legal representatives could seek to set aside the auction sale under the Tamil Nadu Agriculturists Relief Act, 1938, but must comply with procedural requirements such as depositing the requisite amounts. The Court ultimately dismissed Rajammal's appeal, affirming the lower court's decision regarding the auction sale and restitution claims.

CHINNAKARUPATHAL vs A.D. SUNDARABAI(DEAD) THR. LRS. . · Niyam