D.J. BULANDSHAHR. Vs. NANHEY KHAN

JUDGEMENT

(1.) This is a judgment -debtor's second appeal arising out of an objection under Sec. 47 of the Code of Civil Procedure filed by him after the sale of three plots of land, nos. 1134,1136 and 11.

(2.) The objection was that although the decree -holder had applied for attachment before judgment of all the three plots, only plot No. 11 had been attached and that the other two plots were not attached before their sale in execution proceedings taken by the decree -holder after passing of the decree. The other objections were that the notice under Order 21 Rule 66 was not properly served and that the sale proclamation was not properly drawn.

(3.) The executing Court dismissed the objection as not maintainable under Sec. 47 of the Code of Civil Procedure after the confirmation of the sale without any objection having been taken under Order 21 Rule 90 of the Code of Civil Procedure. The lower appellate Court took the same view and dismissed the appeal.