The submissions of both counsel in respect of the instant application to set aside the order of the court dated 21/12/2017 have been considered upon the examination of the bailiff, there is a real doubt as to the entity the hearing notice of the motion was served on. If the business is a limited liability company, then service on the shop attendant cannot be said to be good service. In any case, there is no document to proof that the business is also an enterprise in which case service ought to have been effected on the proprietor personally.
It is to be noted that the property in issue was purchased at an auction the sale has become absolute.
This entitled the purchaser to apply for a writ of delivery under order 45 rule 12 (3) of C.I. 47, and not a writ of possession under order 43 rule 3 (1) of C.I. 47.
After reading the affidavit in support of the previous application, the court considered the provisions of order 1 rule 2 of C.I. 47 and granted leave for a writ of delivery to i…