SONA LAL HALWAI Vs. JAMUNA SINGH

JUDGEMENT

(1.) This civil revision petition has been filed by the petitioner against an appellate order dated 17-9-1979.

(2.) This matter arises out of an execution proceeding. In the present case, the sale was held on 17-6-1968. It was confirmed on 6-12-1968. Sale certificate was prepared, notified, sealed and signed on 9-1-1969. On 12-2-1969, delivery of possession was given. In this circumstance I hold that the sale has become absolute and the execution proceeding terminated by an order dated 12-2-1969.

(3.) After the termination of the execution proceeding, no objection under O. 21, R. 90 of the Code of Civil Procedure (hereinafter referred to as the 'Code') is maintainable. The petitioner filed an application under O. 21, R. 90 of the Code on 6-8-1973, when the sale had become absolute and the proceeding was terminated on 12-2-1969. The petitioner did not take any steps to file an application under Order 21, Rule 90 of the Code when the sale had become absolute on 6-12-1968. An application under O.21, R.90 of the Code was filed by the petitioner on 6-8-1973. The trial Court was pleased not to allow the miscellaneous case and dismissed the petition on the ground that the transferee of the decree-holder was not made a party and the application under O.21, R.90 of the Code was filed after the sale was confirmed and became absolute. The proceeding in respect of sale comes to an end after the preparation of the sale certificate as well as after the delivery of possession. The sale certificate itself is a document of title.