GIRDHARI LAL Vs. ROMAL SINGH

JUDGEMENT

(1.) THIS order will dispose of Civil Revision No. 604 of 1991 and Civil Revision No. 603 of 1991 as identical questions of law and fact are involved.

(2.) BOTH the revision petitions are against the orders of Senior Sub Judge, Gurdaspur, whereby the petitioner's application under section 47 of the Code of Civil Procedure seeking setting aside the order of confirmation dated 29-5-1983 was dismissed.

(3.) FACTS giving rise to this order are that Rano Devi etc. got a decree for Rs. 28,000/- as compensation against Girdhari Lal and others on 13-9-1990 and in execution of this decree the land of Girdhari Lal was auctioned on 14-7-1983 for a sum of Rs. 12,000/ -. Girdhari Lal filed objection that the land measuring 41 Kanals 5 marlas, as detailed in objection petition, was auctioned on 14-7-1983 for a petty amount and was purchased by Romal Singh respondent. The present objections were filed against the confirmation of sale. Simultaneously, the judgment debtor deposited a sum of Rs. 28 000/- on 28-3-1984. Similarly, another sum of Rs. 28,500/- was deposited by the objector in the connected revision petition. This way the whole of the decretal amount was deposited by the judgment debtor, yet the Court under some mistaken impression confirmed the sale vide order dated 29-5-1985. The executing Court framed the following issues : 1. Whether the order dated 29-5-1985 passed by Sh. K. S. Uppal, the then S. J. I. C. Gurdaspur, confirming the sale is void and nullity. If so, to what effect ? OP JD. 2. Relief.