RAJ KUMAR Vs. SATISHWAR DAYAL AND OTHERS

JUDGEMENT

(1.) THIS is a second appeal by the Judgment -debtor against the dismissal of his objections under Rule 90 of order 21 of the Code of Civil Procedure (hereinafter referred to as Order 21) by the two courts below.

(2.) THE proceedings have arisen in execution of a decree for the recovery of Rs. 4,0000/ - passed in favour of Respondent No. 1 on the 31st of May, 1963. The executing Court attached land belonging to the judgment debtor and situated at Gohana and Banwasa. The land at Gohana was auctioned for Rs. 550/ - in favour of the one Banwas was sold to Hukam Chand Respondent No. 2 on the March 1965 for Rs. 2,575/ -. The amount last -mentioned was deposited by Respondent No. 2 with the executing Court against two treasury receipts, one dated the 1st of April, 1965 for Rs. 643/ - and the other dated the 23rd of August, 1965 for Rs. 1932/ -. Both the sales were set aside by the executing Court through its order dated the 24th of June, 1957, the operative part of which may be reproduced here with advantage:

(3.) AT the hearing of the appeal the Learned Counsel for the judgment -debtor has taken up the following three points: