SHEONATH PRASAD Vs. BINDESHWARI PRASAD CHAUDHURY

JUDGEMENT

(1.) This appeal which has been preferred by the judgment-debtors arises out of an application under Order 21, Rule 90 read with Section 47, Civil P. C.

(2.) The decree under execution was passed on 26th January 1913. It was transferred for execution by the Subordinate Judge, 1st Court, Monghyr, under his order dated 17th January 1946, passed upon an application made by the decree-holder for that purpose. The execution case to which this appeal relates was filed in the Court of the Subordinate Judge, Begusarai, on 31at January 1947. In the said execution after the service of the various processes certain properties were attached and sold on 1st December 1947. It appears that immediately after the sale but on that very day two of the judgment-debtors appeared and applied for time to pay off the decretal dues. This application was not entertained by the Court, and thereafter on 2nd January 1948, the judgment-debtors including those who had appeared on the date of the sale filed this application under Order 21, Rule 90 and Section 47, Civil P. C.

(3.) In the application in question the judgment-debtors alleged that the sale was without jurisdiction as notice under Order 21, Rule 22 had not been served on them. They also stated that there was fraud and material irregularity and illegality in publishing and conducting the sale, and they further alleged that the execution case itself was barred by limitation.