BAKHSHO Vs. PAKHAR SINGH

JUDGEMENT

(1.) Pakhar Singh obtained a decree for Rs. 16,374/- with the future interest against Bakhsho petitioner. In execution of the decree, the land of the petitioner was auctioned. Balbir Singh respondent gave the highest bid for Rs. 42,000/-. No objections were filed against the auction. The executing Court, vide order dated 22-12-1983, confirmed the sale of the land in favour of Balbir Singh, respondent. A cheque of Rs. 18,600/- was ordered to be issued in favour of the decree-holder. The petitioner filed appeal against the order of the executing Court dated 22-12-1983, confirming the sale of the land in favour of the auction purchaser which was disposed of by the Additional District Judge, Jalandhar, vide order dated 12-4-1984. The Additional District Judge held that the appeal against the order of the executing Court, confirming the sale in favour of the auction-purchaser was not maintainable. The appeal was consequently dismissed. The petitioner has filed the present composite revision against the order of the Additional District Judge dated 12-4-1984 and the executing Court dated 22-12-1983. The petitioner has moved Civil Miscellaneous No. 2239-C-II of 1984 Under Ss.5 and 14 of the Limitation Act, for condonation of delay in filing the Civil Revision against the order of the executing Court.

(2.) The learned counsel for the petitioner has argued that the learned Additional District Judge has wrongly held that the appeal against the order of the executing Court, confirming the sale in favour of the auction-purchaser is not maintainable and in support of this contention, reliance has been placed on the provisions contained in O.43, R.1 of the Code of Civil Procedure.

(3.) Cl.(j) of O.43, R.1 reads :-"APPEALS FROM ORDERS 1. Appeals from orders :- An appeal shall lie from the following orders under the provisions of S.104, namely : - (j) an order under R.72 or R.92 of Order XXI setting aside or refusing to set aside a sale; The relevant part of O.21 Rr.90 and 92 read :