(1.) The principal point which arises for consideration in this case is as to the extent and scope of applicability of the doctrine of constructive res judicata in execution cases. This Bench has been constituted because it was felt that the Full Bench decision in Uchit Lal Misser v. Raghunandan Tewari, ILR 14 Pat 52 : (AIR 1934 Pat 666) required further consideration.
(2.) The decree-holders auction purchasers have filed both the Miscellaneous appeal and the Civil revision against an order dated the 16th December, 1957, passed by the Additional District Judge, 2nd Court, of Muzaffarpur whereby he has set aside the sale of Kaimi Kasht lands of Ramphal Sahni, the judgment-debtor, held on the 12th March, 1956, in execution of a money decree. They have been made analogous, and have been heard together. This judgment will govern them both.
(3.) The facts of the case may be shortly stated. Money suit No. 62 of 1953, was decreed against Ramphal Sahni and his son on the 16th November, 1953. The decree-holders filed an application for execution of the decree on the 8th August, 1955. An order dated the 6th September, 1955, shows that notice under Order XXI, Rule 22 of the Code of Civil Procedure (hereinafter to be referred to as the Code) was served. The order dated the 1st October, 1955, shows that attachment was effected. It appears from the order dated the 19th November, 1955, that notice Under Section 13 of the Money Lenders Act was also served. No objection relating to valuation having been raised by the judgment-debtors, the court accepted the valuation given by the decree-holders by its order dated the 11th January, 1956, and passed an order for issue of sale proclamation fixing the 12th March, 1956 for sale. Two lots of the judgment-debtors'.' Kaimi Kasht lands were sold on the 12th March. The order of that date shows that the decree-holders themselves became the purchasers, and that set off prayed for by them as provided in Rule 72 (2) of Order XXI was allowed. The sale was confirmed on the 12th April.
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