DHIRENDRA THAKUR Vs. ANIL KUMAR MISHRA

JUDGEMENT

(1.) Heard Mr. Vijay Shankar Shrivastava, learned counsel for the petitioner.

(2.) In the present application the petitioner has challenged part of the order dated 12.10.2018 passed in Misc. Case No. 14 of 2017 whereby the application of the petitioner filed for setting aside auction sale and sale certificate has been dismissed as not maintainable.

(3.) Learned counsel appearing for the petitioner submitted that as far as the petitioner is concerned, he had no knowledge about the Money Suit No. 9/88/3/1992 as well as judgment and decree dated 31.05.1996 and 07.06.1996 respectively. He was not impleaded as party in the aforesaid suit. He had also no knowledge about Execution Case No. 4 of 2005. He came to know about the said suit only after the Nazir and peon along the Advocate Commissioner visited the house and shop of the petitioner on 16.07.2017 for delivery of possession over the Schedule-II of Misc. Case No. 14 of 2017. In that view of the matter, the prayer of the petitioner could not have been rejected by the court below on the ground of limitation.