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    <title>1962 (12) TMI 90 - ALLAHABAD HIGH COURT</title>
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    <description>Section 136 CPC requires attachment of property outside the issuing court&#039;s jurisdiction to be routed through the District Court, so a direct precept to a subordinate court did not confer authority and the attachment was invalid. Section 51(b) CPC nevertheless permits execution by sale without attachment, so the execution sale was not void merely because attachment was absent or defective, absent proof of substantial injury. The proviso to Order XXI Rule 90 CPC barred objection only where deposit or security had not been complied with and not dispensed with; once the court dispensed with that requirement, the objection had to be heard on merits, subject to the proviso on grounds available before the sale proclamation.</description>
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    <pubDate>Tue, 18 Dec 1962 00:00:00 +0530</pubDate>
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      <title>1962 (12) TMI 90 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=280630</link>
      <description>Section 136 CPC requires attachment of property outside the issuing court&#039;s jurisdiction to be routed through the District Court, so a direct precept to a subordinate court did not confer authority and the attachment was invalid. Section 51(b) CPC nevertheless permits execution by sale without attachment, so the execution sale was not void merely because attachment was absent or defective, absent proof of substantial injury. The proviso to Order XXI Rule 90 CPC barred objection only where deposit or security had not been complied with and not dispensed with; once the court dispensed with that requirement, the objection had to be heard on merits, subject to the proviso on grounds available before the sale proclamation.</description>
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      <pubDate>Tue, 18 Dec 1962 00:00:00 +0530</pubDate>
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