RAJJU KHAN Vs. RAFIQ KHAN

JUDGEMENT

(1.) A money-decree was passed in Civil Suit No. 72-B of 1972 against the appellant judgment-debtor (hereinafter referred to as "the judgment-debtor") and in favour of Respondent 1 decree-holder. Property was put to auction in execution of the decree. The bid of auction-purchaser, Respondent 2 (hereinafter referred to as "the auction-purchaser") being the highest was accepted. The auction-purchaser deposited 25% of the auction-amount.

(2.) The judgment-debtor raised objections to the auction-sale u/s. 47 of the Code of Civil Procedure. Vide its order dated 17.5.1980, the executing court accepted the objections filed by the judgment-debtor. The auction-purchaser filed a revision in the High Court. By its order dated 2.5.1981, the High Court after holding, inter alia, that:

(3.) An application for review of the order dated 2.5.1981 was filed which was accepted on 3.9.1981. As a consequence thereof, the objections filed by the judgment-debtor were dismissed.