In Brief
Paul sought possession as the auction purchaser of property in execution proceedings. The High Court had allowed the respondent's (borrower's guarantor) Civil Revision Petition, finding the case involved real fraud by the borrower and substantial injury to the guarantor's interest in retaining the suit property. The Supreme Court, on a bench of two judges, dismissed Paul's appeal, holding that the High Court's detailed examination of the peculiar facts had achieved substantial justice between the parties. The Court declined to lay down a general law on procedural non-compliance in execution matters and left that question open, respecting the High Court's equitable judgment in the particular circumstances.
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