SHEO DHARI Vs. IVTH ADDL DISTRICT JUDGE MIRZAPUR

JUDGEMENT

(1.) The writ petition is directed against the order dated 18.8.1986 passed by respondent No. 1 whereby the appeal was allowed and the objection filed by the petitioner purporting to be under Order 21. Rule 90 has been rejected.

(2.) Briefly stated the facts are that respondent No. 2 filed Suit No. 145 of 1975 against the petitioner for recovery of money on the basis of pronote. The property belonging to the petitioner was attached before the judgment on 3.4.1975. The suit was decreed on 31.7.1978 for recovery of Rs, 4.600 against the petitioner.

(3.) Respondent No. 2 filed an application for execution of decree on 24.3.1981. The executing court issued proclamation of sale under Order XXI. Rule 66 of Code of Civil Procedure on 13.4.1981. The attached property was sold in auction on 15.5.1982.