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Dec 24, 2011

Challamane Huchha Gowda Vs M R Tirumala and Anr 2004(1) SCC 453

CPC - order 21 - execution - setting aside of sell- decree money was deposited by JD and objection to sell was filed before confirmation of sell- no formal application for setting aside was move. Hon'ble Supreme Court of India observed as "It is also a settled position of law that a mere non-mentioning or wrong mentioning of a provision in an application is not a ground to reject an application. Since, there is no bar in treating the objection (filed in the present case) as an application to setting aside the sale."

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