MAYA DEVI Vs. ZIAUDIN

JUDGEMENT

(1.) In an auction sale in execution of decree of Respondent 1 against respondent! 2, Mangat Ram lalwar and Ainar Math's Jugnest bid was accepted on i0.ll.71. Auction Purchasers made due payments in time. On 3.2.74. Mangat Ram died and his widow made an application for substitution. One Om Parkasn, a tenant of the property opposed me application contending teat Manual Ram had noi acquired any tight and aucuon sale should be set aside. Objection was allowed and wloow appealed to High Court.] Alter giving above facts in detail, para 7 onwards, judgement is :-

(2.) Three questions arise for consideration in this appeal. Firstly, Mr. Khanna says that no appeal lies against the order of the executing court retusing the application of Maya Devi which was made under section 151, Code of C.P.C. In my opinion the appeal is competent. The result of the order of the executing court is that the sale in favour of Talwar and Chopra has been set aside. An order setting aside auction sale is a final order and falls within the definition of decree under section 2 (2) read with section 47, Code of Civil Procedure.

(3.) In Mis. Ram Chand Spg. and Wyg. Mills Vs. M/s, Bijii Cotton Mills (f) Ltd. AIR 1967 S.C. 1344, the Supreme Court said :