AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
2 paragraphs · 116 wordsRichard Garth, C.J.—Upon the assumption contained in the question referred, we are of opinion that the Court has power, under proper circumstances, to set aside the sale, notwithstanding the Judicial Commissioner''s order.
Upon this opinion being pronounced by the Full Bench, the case was sent back to the Division Bench to determine, 1st, whether the requirements of Section 290 were, or were not, essential to the validity of the sale; and, 2ndly, assuming this to be so, whether, under the circumstances of the case, the sale ought to be set aside; but upon the matter coming on again before the Division Bench, the case was, at the suggestion of the Court, compromised by the parties.