BHOLA RAM Vs. BAKHTAWAR AND ANOTHER

JUDGEMENT

(1.) THIS is a judgment -debtor's appeal directed against the appellate order of the Senior Subordinate Judge affirming the order passed in execution by the trial Judge dismissing his objections, under the provisions of rule 90 of Order 21, Code of Civil Procedure.

(2.) IT has been conceded by the learned counsel for the appellant that no second appeal lies under sub -section (2) of section 104 of the Code of Civil Procedure and it is submitted by him that the memorandum of appeal may be treated as a petition for revision.

(3.) IN the appeal, which I will treat as revision petition, it has been contended by Mr. Gaur that after the auction, one Karan Singh had made a statement in Court that he was prepared to buy the house in dispute for a sum of Rs. 6000/ - and he had actually deposited a sum of Rs. 1,500/ - in Court. Now, this plea has never been taken in the objections preferred before the executing Court, nor was it made a subject -matter of the issue. The lower appellate Court dismissed the appeal on the ground that the objection which had been taken with regard to the sale had not been taken at the time of sale. Under sub -rule (1) of rule 90 of Order 21: -