JAICHANDLAL Vs. MANAKCHAND

JUDGEMENT

(1.) THIS is an appeal by Jai Chand Lal and others against the order of the District Judge, Churu, under Order XXI, Rule 90, of the Code of Civil Procedure.

(2.) THE facts, which have led to this appeal, are these. A mortgage decree was passed in favour of Manak Chand, respondent decree-holder, on the 19th of June, 1948. It was put in execution on the 14th of August, 1948. THE property was ordered to be sold from the 25th to the 27th of March, 1949. THE auction was held on these dates, and the highest bid by the decree-holder-respondent on the 27th of March was Rs. 25,000/ -. 8th of April, 1949, was fixed for accepting the bid but actually the Court accepted the bid on the 21st of April, 1949. THEreafter an application was made by the judgment-debtor-appellants on the 14th of May, 1949, under Order XXI, Rule 90, of the Code of Civil Procedure, for setting aside the sale on the ground of fraud and material irregularity in publishing and conducting the sale. This application was dismissed by the execution Court. Hence this appeal.