SHYAM LAL DECD Vs. RAGHUVIR PRASAD

JUDGEMENT

(1.) In this appeal, it has been contended that the judgment passed by the learned District Judge, Jhansi, was wrong and perverse and it should be set aside and the order of the trial court be restored. It has been contended that the appellant has filed an application under Order XXI. Rule

(2.) The finding has been given that the purchaser of the decree has purchased the disputed property of the suit. Now, it is to be seen whether he validly purchased the decree without any adjustment at a price of Rs. 49 and the purchase was made before the decree was pronounced ; was entitled to execute the decree in place of decree holder and in view of provisions of Section 146 read with Order XXI. Rule 16 of the C.P.C. In this regard, he referred two decisions, as in AIR 1964 Pat 311 and AIR 1958 SC 394. It has been held in Patna decision relying upon the decision of the Hon'ble Supreme Court, as in AIR 1955 SC 376 :

(3.) In view of special position of law, the appeal stands allowed. The impugned order of the learned lower appellate court is set aside and the judgment and order of the lower trial court as affirmed. Since the opposite party did not appear and contest in this appeal, I do not order as to cost in this appeal.