Haridas vs Josna Bank Ltd., Mattanchery

Sankaran, C.J.—This appeal by the judgment-debtor is against the lower court''s order dismissing his application under clause (3) of section 22 of Act XXXI of 1958. The facts necessary for the purpose of this appeal are the following. The court sale in this case was on 21--3--1957. There was an application by the defendant to set aside the sale. That application was dismissed on 18--2--1958 and on the same day the sale was confirmed. The C. M. Appeal against the order dismissing the application to set aside the sale was also dismissed after reserving the defendant''s right to seek the reliefs that may be available to him under Act XXXI of 1958. Subsequently on 9--9--1958, the present application u/s 22 (3) was filed. One of the essential conditions to be satisfied before relief under clause (3) of that section can be claimed is that the court sale should not have been confirmed when the Act came into force. It was on 14--7--1958 that Act XXXI of 1958 came into force. The court sale in this case was confirmed much earlier i.e., on 18--2--1958. The lower court was therefore right in holding that the present petition under clause (3) of section 22 is not maintainable.

In the result, this appeal fails and is dismissed with costs.