JWALA PRASAD THAKUR MAHTON Vs. JHAMAN MAHTON

JUDGEMENT

(1.) This is an application against the appellate order of the District Judge, dated the 26th June 1923, setting aside an auction sale. The decree holder purchaser is the appellant petitioner. The sale took place on the 26th March 1922, and was confirmed on the 21st April 1922. The application to set aside the sale under Order XXI, Rule 90 was filed on the 20th July, 1922, that is, three months after the date of the confirmation. In order to get over limitation the judgment-debtor alleged fraud in suppressing the processes. The petition for setting aside the sale runs as follows:

(2.) The Court below held:

(3.) Upon these findings the Court below set aside the sale, holding that the sale was illegal, irregular and fraudulent and that the judgment-debtor was kept out of the knowledge of the execution proceedings and the sale, and of the right to apply under Order XXI, Rule 90 by fraud practised by the decree-holder; and consequently the judgment-debtors are entitled under Section 18 of the Limitation Act to apply for setting aside the sale within 90 days from the time when the fraud became known to them and they had knowledge of the sale.