Law: Civil Procedure Code (V of 1908)

Section: S. 115

Civil Procedure Code (V of 1908), S. 115-Lower Appel late Court has jurisdiction to discuss evidence in way considered proper by it, and to come to its conclusions-High Court will riot interfere in Revision.   Civil Procedure Code (V of 1908), O. XXI. r. 90-Setting aside sale on ground of fraud-Gross under-valuation of property in notice of sale-Fraud-Onus on decree-holder to prove knowledge of sale on part of judgment-debtor-Limitation Act (IX of 1908), S. 18.   Gross under-valuation of the property to be put up for sale amounts to fraud and in such a case the judgment -debtor is entitled to claim the benefit of section 18 of the Limitation Act, 1908 and that where there was fraud in publishing or conducting the sale, the onus would be shifted to the decree-holder auction-purchaser to prove that the judgment-debtor had knowledge of the sale and that knowledge was within the prescribed period of limitation.   Noabjan Bibi and others v. Cthandra Kumar Roy Chowdhury (1953) 5 U L R 43 and Manrnatha Nath Chakravarty and another v. Sachindra Kumar Chakravarty and another 59 C W N 1082 rel.   Srimati Niroda .Bola Deb Roy v. Monmohan Datta and others (1954) 6 D L R 559 ; Tuli Bibi and others v. Aziz Ahmad (1950) 2 D L R 148 ; Nawab Sir K. G. M. Faroquie Kt. and otkers v. Karamat Ali and others (1953) 5 D L R 273 and Marudanayagam Pillai v. Maniekavasakam Chettiar (1953) 2 D L R 143 considered.   Document-(Criminal case)-Document not bearing seal of Court-Not taken to have been filed in Court.   Civil Procedure Code (V of 1908), O. XXI, r. 90-Limita tion Act (IX of 1908), Art. 166-Knowledge of sale and knowledge of facts constituting fraud necessary before time can run against judgment-debtor.   In a case to have the sale set aside under Order XXI, rule 90, Civil Procedure Code, 1908 on the ground of fraud in the publi cation and conduct of the sale, the judgment-debtor must have knowledge not merely of the fact of sale but a clear and definite knowledge of the facts which constitute the fraud before time can run against him. It is not sufficient to know about some hints and clues which, if vigorously and actively followed up, might…