Application to set aside sale - Words 'person whose interests will be affected by such sale' cannot be given wide meaning to include persons claiming only fraction of interest, including Creditor or Decree-holder, who has not taken steps in execution of Decree - Petitioner has no locus standi application for setting aside sale not maintainable.

Citation 

2021 (3) CTC 157 (Mad)

2021 (2) MWN(civil) 417

IN THE HIGH COURT OF MADRAS (Madurai Bench)

R. Subramanian, J.

C.R.P.(MD) Nos.863 & 890 of 2013 & Crl.O.P. (MD) No.2086 of 2015 & M.P. (MD) No.1 of 2015.

April 01, 2021

Mahalakshmi Textile Mills Ltd., Pasumalai, Madurai-625 004 Through Its Managing Director ...Petitioner

Vs.

 M. Peter; S. Subramanian; M.S.S.V. Kirhnammaraja, Cotton Sales Company and Its Partners P. Govindaraja (Died); V.K. Arjunaraja; K. Kallammal (Died); Sasikala

...Respondent

Code of Civil Procedure, 1908 (5 of 1908), Order 21, Rule 90 Contract Act, 1872 (9 of 1872), Sections 69 & 70 Interpretation of Statutes Sale in execution of Decree Application to set aside Expression 'person whose interests will be affected' Scope of Petitioner paid Judgment debtor under Memorandum of Understanding (MoU) - MoU found to be invalid in earlier Writ proceedings Payment made under MoU not lawful once MoU found invalid - Words 'person whose interests will be affected by such sale' cannot be given wide meaning to include persons claiming only fraction of interest, including Creditor or Decree-holder, who has not taken steps in execution of Decree Held, Petitioner not entitled to seek setting aside of sale in execution of Decree obtained by third person, merely because he made certain payments on behalf of Judgment-debtor Company or other Creditors of Judgment debtor Company Section 70 of Act imposing obligation on person enjoying benefit of non-gratuitous act done lawfully, not applicable Petitioner has no locus standi application for setting aside sale not maintainable.