BENOY KRISHNA MUKERJEE Vs. MOHANLAL GOENKA

JUDGEMENT

(1.) THIS is an appeal from an order of a learned Subordinate Judge of Asansol, dismissing an application to set aside a sale. The application was made under Sections 47 and 151, Civil P. C.

(2.) TO appreciate the points in issue it will be necessary to state the facts in some detail.

(3.) THE property, namely, Sripur Colliery, was again sold in an execution sale to the decree -holder for Rs. 12,000 but this sale was set aside. The property was again resold and purchased by the decree -holder for Rs. 2,50,000 on 27th May 1938. The appellant made an application to set aside this sale which was rejected. He preferred an appeal to this Court which was ultimately dismissed and an application by him for leave to appeal to the Privy Council failed.