NANAK CHAND SOOD Vs. RAM GAUTAM

JUDGEMENT

(1.) This revision petition is directed against the order of Sub Judge, Delhi dated 12th July 1985 in Execution Case No. 182/72. The land measuring 2016 sq. yards situated in Khasra No. 739, Khasra No. 341/1293. Village Tughlakabad, Badarpur Mehrauli Road, New Delhi was purchased by the petitioner in a public auction held on 12th March 1979 for a sum of Rs. 7.200.00 . The auction was held pursuant to the directions of the court in execution of a decree against respondent no. 2, the judgment debtor. Respondent no. 1 is the decree holder. Against the said sale by public auction objections were filed by the judgment debtor under Order 21 Rule 90 read with Sections 47 and 151 Civil Procedure Code . On the objections of the judgment debtor respondent no. 2 the following issue was framed by the executing court :

(2.) The parties were asked to file the list of witnesses and to lead evidence. However, before the parties could lead evidence the judgment debtor paid the decretal amount to the decree holder and on a statement being made by the judgment debtor before the Sub Judge that the decretal amount has been paid the Sub Judge by the impugned order set aside the sale as satisfied and for want of proper prosecution. Learned Sub Judge further directed that the auction purchaser be refunded the amount deposited by him towards the auction price and further cancelled the attachment and revoked the sale.

(3.) The short question for determination in this revision petition is whether the sale could be set aside after 7 years of the auction on the ground that the decree stood satisfied because the judgment debtor had paid the decretal amount to the decree holder.