RAM NATH CHOUBEY Vs. SUKHNANDAN MAHTO ALIAS SUKHNANDAN

JUDGEMENT

(1.) THE petitioners in this civil revision are the judgment-debtors. Initially a decree for Rs. 2,927.50 was passed in favour of opposite parties besides costs. In the appeal the decree was modified and a decree was passed for Rs. 1,927.50.

(2.) THE opposite parties executed the decree passed by the trial court and in the application under Order XXI, Rule 11 of the Code of Civil Procedure the amount was shown Rs. 2927.50 in term of the trial court decree. THE cost awarded was Rs. 440.70 and it has been paid.

(3.) THE petitioners filed an application under Order XXI, Rule 90 of the Code of Civil Procedure for setting aside the sale and that was registered as Misc. Case No. 84 of 1980. THE trial court allowed the application and set aside the sale. THE opposite parties filed an appeal which was registered as Misc. Appeal No 1 of 1984. Appellate court allowed the appeal by setting aside the order of the trial court and dismissed the application filed by the petitioners under Order XXI, Rule 90 on the ground that it was not maintainable. THE order of appellate court has been challenged in the civil revision by the petitioners.