SHIVCHARAN Vs. A D J RAMPUR

JUDGEMENT

(1.) At the time of arguments, no one appeared on behalf of the constesting respondents, hence only the arguments of the learned counsel for the petitioner were heard.

(2.) Respondent No.3 Asa Ram since deceased and survived by legal representatives instituted a suit for recovery of Rs.5,000/- against respondent No.4, Shiv Nandan being O.S. No.58 of 1975. Agricultural land of defendant was attached before judgment on 27.07.1975 by the Trial Court. In spite of the attachment, the defendant sold half of the attached property to the petitioner and remaining half to his wife through registered sale deed dated 30.07.1975. The suit was decreed on 20.10.1975. Thereafter, application for execution was filed. The decreetal amount, at that time, was Rs.6825.50/-. Execution Case was registered as Execution No.20 of 1978, Asa Ram Vs. Shiv Nandan. Execution was sought through sale of the attached property. The agricultural property was sold in auction for Rs.16,000/-. Vijay Pal Singh, respondent No.2 was the auction purchaser. Auction took place on 07.08.1979. Thereafter, objections were filed by the petitioner under Order XXI Rules 66, 89, 90 and 93 and Section 47 and 151, C.P.C. Objections were filed on 25.03.1980 and were registered as Misc. Case No.34 of 1980. Executing Court/Civil Judge, Rampur, allowed the objections through order dated 19.05.1981 and set aside the auction. Trial Court held that in case only that portion of the land had been auctioned, which was sold by the judgment debtor to his wife, then entire decree would have been satisfied. It further held that in the proclamation of sale initially decree holder deliberately undervalued the property and did not show any charge on the said property. Decree holder gave the valuation of the property to be Rs.14,000/- in the proclamation of sale. During the pendency of proceedings, wife of judgment debtor had died and the property sold by him to his wife came again to him through succession. By reading the judgment of the Trial Court, it is apparent that interest of justice was paramount in the mind of the learned judge. It is mentioned in the order of the Trial Court that auction purchaser had filed an application that he did not want to take the land, which he had purchased in auction and he wanted refund of his money.

(3.) Against the order of the Executing Court dated 19.05.1981 cancelling the auction, auction purchaser and decree holder filed appeal. The appeal was registered as Misc. Civil Appeal No. 87 of 1981. A.D.J., Rampur through order dated 12.03.1984 allowed the appeal and set aside the order of the Trial Court and dismissed the objections of petitioner. This writ petition is directed against aforesaid order of the Appellate Court dated 12.03.1984.