JANAK RAJ Vs. GURDIAL SINGH SURAJAN SINGH

JUDGEMENT

(1.) THIS is an auction-purchaser's appeal under Clause 10 of the Letter Patent from the judgment, dated November 26. 1964. of a learned Single Judge, whereby the order of the executing Court confirming the sale in question in favour of the appellant, which order had been upheld on appeal by the Court of first appeal has been reversed.

(2.) AN ex parte decree for Rs. 619 was obtained on February 27,1961, by Swaran Singh, decree-holder, against respondent Gurdial Singh, judgment-debtor An application to execute the decree having been made by the decree holder, a warrant for the attachment of the house of the judgment-debtor was issued on May 10, 1961, In due course that house was put to sale and, in a public auction, the highest bidder for Rs. 5,100/- was the appellant This was on December 16. 1961

(3.) THE judgment-debtor on January 2 1962, made an application to have the ex parte decree against him set aside. On January 20; 1962, he filed an objection petition against the sale of the house. No provision under which the objection petition was made was stated in It, but the judgment-debtor stated that the value of the house was Rs 25,000/- and it was sold at Rs. 5,100/-, that the auction was not conducted in a proper manner inasmuch as there was not due publication, and that it did not take place at the proper time. In the last part of the objection petition he stated that an application for setting aside the ex parte decree against him had already been made and sought a stay of the proceedings in execution and sale. By an order of April 19, 1962, the executing Court stayed the execution of the decree till the disposal of the application for setting aside the ex parte decree, and obviously the confirmation of the sale was held over, but, in any case, the auction-purchaser did not immediately move for confirmation of the sale under Order 21, Rule 92 of the Code of Civil Procedure.