DEVASSIA PAILY Vs. FEDERAL BANK

JUDGEMENT

(1.) Appellant filed E. A. 156(a) of 1984 in E.P. 90 of 1981 in O.S.406 of 1978 of the Sub Court, Kottayam under O.21 R.90 CPC. to set aside the sale. The Principal Sub Judge dismissed the petition holding that the appellant has no locus standi to file such an application.

(2.) Appellant claiming to be a lessee under the judgment debtor had filed the execution application. The decree holder had obtained the decree on the strength of a mortgage.

(3.) If the appellant is aggrieved, he could have filed the application under O.21 R.58. O.21 R.58(l) provides that where any claim is preferred to, or any objection is made to the attachment of, any property attached in execution of a decree on