SURAT SINGH Vs. NAFE SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 26th of May, 1973, delivered by the learned District Judge, Rohtak. The learned Judge had accepted the appeal against the judgment dated 17th of July, 1971, of the learned Subordinate Judge, First Class, Sonepat, by which he dismissed the objection-petition filed by the respondents under Order XXI, Rule 90, Code of Civil Procedure.

(2.) THE petitioner obtained a money decree against Nafe Singh respondent. In execution of that decree he got a gher belonging to the judgment-debtor attached and sold on 27th of September, 1970. The petitioner had succeeded in getting permission of the learned Executing Court to bid at the time of the auction. The auction was conducted by the Agent of the Court Auctioneer and the gher belonging to the judgment-debtor was knocked down for a sum of Rupees one thousand. The respondent filed objections under Order XXI, Rule 90 of the Code of Civil Procedure that the property in dispute was worth Rupees five thousand which the petitioner was able to secure by colluding with the Agent of the Court Auctioneer for a paltry sum of Rupees one thousand. These objections did not prevail with the learned trial Court. The learned District Judge relied upon Rule 21 (ii) of Chapter 12-L of High Court Rules and Orders, Volume I, which reads as under:-

(3.) THE learned counsel for the petitioner has argued that this objection had not been raised before the learned trial Court and the learned lower appellate Court should not have allowed it to be raised. Reliance in this behalf is placed on Volkart Bros. Of Karachi v. Ghulam Hamdani, AIR 1932 Lah 576. Speaking for the Division Bench, Shadi Lal, Chief Justice observed: