KEDAR PRASAD Vs. RAGHUNATH PRASAD

JUDGEMENT

(1.) Judgment debtor has filed this revision application against the order dated 24-3-1987 passed by Subordinate Judge, 4th Court, Arrah in Misc. Case No. 8 of 1984 rejecting the prayer of the petitioner to make amendment in the application filed under O. 21, R. 90 of the Code of Civil Procedure (hereinafter to be referred to as the Code) on the ground that it has no power to allow the amendment of the said petition.

(2.) The circumstances under which the matter has come before this Court are these : The decree-holder opposite party obtained a money decree against the petitioner and put the same in execution and purchased his property in the auction sale held in the year 1983. The judgment-debtor petitioner, after coming to know about the aforesaid auction sale, filed an application under Order 21, Rule 90 of the Code to set aside the same and the said case was registered as Misc. Case No. 8 of 1984.

(3.) During the pendency of the aforesaid application, the petitioner filed a petition on 28-4-1986 for amendment of the application to the effect that due to inaction, collusion and misdoing of the advocate appearing for the petitioner, his property was auction sold at a very low price. The decree-holder filed a rejoinder petition denying the assertion made in the said petition and further stated that the amendment petition has been filed only with a view to delay in disposal of Misc. Case.