V S BALASUBRAMANIAN Vs. A MARIAMMAL

JUDGEMENT

(1.) THIS revision petition is not maintainable. It is against an order rejecting application to set aside a Court auction sale without numbering it. When the office raised objection as to the maintainability, learned counsel made an endorsement to the effect the petition in the Court below would fall under Sec.47 of the Code of Civil Procedure therefore, it was revisable. Secondly, the learned counsel raised the contention that petition was rejected by the Court below and it was not dismissed. According to him, only there is a dismissal of a petition, an appeal will lie and otherwise revision is the only remedy.

(2.) TAKING the second contention first, it is seen from O.43, Rule 1(j) of the Code of Procedure that an order under Rule 72 or Rule 92 of O.21, Code of Civil Procedure setting aside or refusing to set aside a sale, is made appealable. In this case, the order is one of rejection of the application even at the threshold. That certainly amount in law to refusal though it is one of rejection in form. The rule refer to 'dismissal'or 'rejection'. Hence, the expression 'refusing'to set aside the sale cover the 'rejection'of the application without numbering the same and taking it on.