MOHAN LAL Vs. HARI PRASAD YADAV

JUDGEMENT

(1.) This appeal is directed against the judgment of the Single Judge of the High court of Patna dated 26/4/1983 whereby the Single Judge set aside an order dated 28-5-1982 passed by the executing court in Execution Case No. 7 of 1977 while giving the benefit of Order 21 Rule 89 of the Code of Civil Procedure (hereinafter referred to as 'the Code') to the judgment-debtor.

(2.) Undoubtedly the sale took place on 25/5/1981 and even the objections, which were filed for setting aside the sale under Order 21 Rule 90 of the Code were dismissed on 4/5/1982. An application purporting to be under Order 21 Rule 89 of the Code was filed on 28/5/1982. It may be mentioned that even an appeal has been filed against the order of the executing court dated 4/5/1982 dismissing the objections to the sale filed under Order 21 Rule 90 of the Code. After the dismissal of the objections under Order 21 Rule 90 of the Code the executing court granted time for moving the High court till 22/5/1982 and the appeal filed by the appellant against the order of the executing court dismissing objections under Order 21 Rule 90 of the Code stood dismissed on 21-12-1983. The said order is also under challenge before this court in Special Leave Petition (Civil) No. 8523 of 1985 and is being disposed of separately.

(3.) As stated above the application purporting to be under Order 21 Rule 89 of the Code for setting aside the sale was filed on 28/5/1982 which was granted by the executing court on the same date by the following order: