LAXMI NARAYAN NARAYAN SINGH Vs. DIPEN RAI

JUDGEMENT

(1.) This appeal is directed against an order of the District Judge of Saran, treating as abated an appeal directed against an order of the Munsif at Chapra setting aside an execution sale under Order 21, Rule 90, Civil P. C.

(2.) The sale which is challenged was held as long ago as 1942 in execution of a decree obtained in 1940, an area of 14 bighas 11 kathas being sold for Rs. 1,541. Delivery of possession was given in the year 1943. The application under Order 21, Rule 80 was filed in October 1946, and was allowed by the Munsif on the finding that there was fraud in the conducting of the execution, by which fraud knowledge of the sale was kept from the judgment-debtor till within thirty days of the finding of the application, and that by reason of this fraud the judgment-debtor had suffered substantial injury. The decree-holder appealed against this decision. In October 1947, he died and an application for substitution in his place was filed by the appellants, the son and the widow of the said decree-holder, in March 1948, that is to say, beyond the period of ninety days. The application has been dismissed as time-barred.

(3.) It is contended by the appellants that the provisions of Civil P. C. relating to abatement had no application to the appeal before the District Judge.