HARNANDAN SINGH Vs. ADITYA NARAIN SINGH

JUDGEMENT

(1.) These four applications in revision, under Section 115 of the Code of Civil Procedure, hereinafter referred to as 'The Code", arise out of an equal number of execution cases and an equal number of objections filed by the petitioner and others in those cases.

(2.) In all these four cases, the decree-holders were the same, but the judgment-debtors were different. In this Court, however, in all the four cases, the petitioner is one and the same person, namely, Harnandan Singh, one of the Judgment-debtors, and, the opposite parties, who are the decree-holders auction-purchasers, are also the same persons. As some common questions of law arise in all these four cases they have been heard together, and, therefore, this judgment will govern them all.

(3.) Civil Revision 1096, 1098 and 1099. In these three cases, the facts are the same: The sales of the properties of the petitioner and others were held on the 15th November, 1954, and, the decree-holders opposite parties themselves purchased them at the auction sales. The sales were confirmed on the 15th December, 1954. On the 20th April 1955, three different applications were made by different Judgment-debtors, under Order 21, Rule 90 of the Code, for setting aside the sale. The said applications were rejected on the 15th February, 1956, and, the said order confirming the sales was upheld on appeal by the District Judge on the 31st October, 1957.