JIVA NATH PRASAD SINGH Vs. BIRENDRA NATH PRASAD

JUDGEMENT

(1.) HEARD Mr. B.K. Shukla, learned Senior Counsel, on behalf Of the petitioner and Mr. Ajay Kumar Jain learned counsel for the Opposite party.

(2.) THE defendant judgment debtor - petitioner has moved this Court against the order dated

(3.) THE petitioner, the judgment debtor, however, claiming that he had not been given any notice either at the stage of execution or in course of sale, had filed an application on 5.11.1984 for setting aside the sale and took a plea that he came to know of such sale only on 3.9.1984. Such application for setting aside the sale, Misc. Case no. 42/1984 was contested by the parties and after leading of evidence, the Executing Court, by an order dated 26.8.1995 had dismissed the application filed by the petitioner primarily on the ground that the application filed by the petitioner under Order XXI Rule 90 was barred by limitation. The appeal carried by the petitioner before the Lower Appellate Court has been dismissed by an order dated 3.5.2008 affirming the order of the Trial Court which has also given an additional reason, holding that as a matter of fact once the sale had been confirmed, the application filed by the petitioner under order XXI Rule 90 C.P.C. for setting aside the sale was itself not maintainable.