CHEMAI NAIK Vs. NARAD MAHAPATRA AND ORS.

JUDGEMENT

(1.) PLAINTIFF is the Appellant against a reversing judgment. The facts of the case lie in a narrow compass. The decree -holder (Defendant No. 1) levied Execution Case No. 11 of 1953 against the judgment -debtor (Defendant No. 2). The disputed property was attached on 10 -2 -1954. On 23 -2 -1954 Defendant no. 2 applied to the Court under Order XXI, Rule 83 , Code of Civil Procedure for permission to raise funds by private sale of the attached property. Permission was granted by an order (ext. 3) dated 8 -3 -1954 which was to the following effect:

(2.) THE facts are not disputed. The short question to be answered is if the Plaintiff acquired a valid title under Ext. 1, the sale deed dated 13 -10 -1954. If the Plaintiff acquired valid title thereunder, Defendant No. 3 cannot get any further title under his auction purchase. Order XXI, Rule 83, Code of Civil Procedure may be quoted in extensor: