GHISULAL Vs. SUKANRAJ

JUDGEMENT

(1.) THIS is a judgment-debtor's revision application against an order of the executing court summarily dismissing his objection under Order 21, Rule 90 C. P. C. which was confirmed by the learned District Judge Pali on appeal.

(2.) THE judgment-debtor mortgaged his house situated in Pali for a sum of Rs. 3,499,-on 7-4-47 in favour of the respondent-decree-holder by means of a simple mortgage' bond. He did not pay the mortgage money and a final decree for sale of the mortgaged property was passed on 4-2-59 for the recovery of a sum of Rs. 5,099-8-0 and future interest at 6 per cent per annum simple with effect from 30-4-58. In execution of the decree the mortgaged house was sold for Rs. 2,601/- in favour of the decree-holder on 12-10-60. THE present objection under O. 21, R. 90 C. P. C. was filed by the judgment-debtor on 15-10-60. It was alleged in this petition that the sale proclamation was not published properly, that the sale was knocked down after inviting bids for a short time only and that the decree-holder threatened intending bidders and prevented them from making bids for the house. This objection was dismissed summarily by the executing court after hearing the lawyer of the judgment-debtor. THE court has not dealt with the objections raised in the application in its order. It is not. stated that these objections were not pressed before it. It has dealt with some objections which were raised orally before it during the course of arguments. THE objections raised in the application were of such a nature that they could not be disposed of without giving an opportunity to the parties to adduce evidence about them.