LAWS(ALL)-1973-4-4

HARI PRASAD Vs. OM PRAKASH

Decided On April 09, 1973
HARI PRASAD Appellant
V/S
OM PRAKASH Respondents

JUDGEMENT

(1.) THIS is a judgment-debtor's revision arising out of objections under O. 21, R. 90, Civil P. C. In execution of the decree the immovable property (house) belonging to the appellant was sold. Objections under Order 21, Rule 90, Civil P. C. were filed. They were dismissed by the trial Court. Against that order the judgment-debtor filed an appeal which was also dismissed. Against the appellate order the present revision has been filed.

(2.) THE appellate Court found esta blished almost all the objections raised by the judgment-debtor, but still dismissed the appeal on the ground that it was not proved that the applicant had sustained substantial injury within the meaning of the Proviso to Rule 90 of Order 21, Civil P. C.

(3.) AS regards the next objection the finding of the appellate court is that the terms of the sale proclamation were not written by the learned Munsiff himself. O. 21 Rule 110, C. P. C. Provides: