MEHAR SINGH Vs. FIRM PAKHER SINGH

JUDGEMENT

(1.) PRESENT revision petition is directed against the order passed by the executing court dismissing the objections filed by the petitioner under the provisions of Order 21 Rule 90 of the Code of Civil Procedure objecting to the sale of 44 kanal 11 marla of land sold in court auction on 3.11.1990. At the outset, the counsel for the petitioner submitted that this petition be treated as one under Article 227 of the Constitution of India. I order accordingly.

(2.) AN ex parte money decree in the sum of Rs. 1,03,396/- was passed on 1.2.1990. The respondent decree-holder filed an application for execution of the said decree on 2.3.1990. On execution application having been filed, the learned executing court issued warrants of attachment for 15.4.1990. On 16.4.1990, the court had ordered that the attachment has been effected.

(3.) THE court ordered the sale to be effected on 3.11.1990. The auction was conducted on 3.11.1990 wherein brother of the partner of the plaintiff firm was the successful purchaser of the land measuring 44 kanal 11 marla for a sum of Rs. 1,21,000/-. The petitioner moved an application for stay of the execution of the decree in proceedings for setting aside of ex parte decree and also filed objections on 19.11.1990. The such objections have been dismissed by the executing court. The appeal has also been dismissed. Aggrieved against such orders, the petitioner has filed the present revision petition.