ALLADIN Vs. KARIMBUX

JUDGEMENT

(1.) THIS is a revision by Alladin against the order of the District Judge of Bhilwara in an execution matter.

(2.) THE facts leading to this revision are these : - THE opposite parties Karim Bux and others obtained a decree against Alladin, judgment-debtor applicant. That decree was put in execution, and the property of Alladin, consisting of certain houses, was sold, Chhagan Lal was the action purchases of this property. THE sale took place on the 23rd April, 1951. On the 14th May, 1951, the applicant applied to the Civil Judge, under O. XXI, r. 90, for setting aside the sale on the ground of fraud or material irregularity in publishing and conducting it. He did not show the auction purchaser Chhaganlal as a party in the head- , ing to this application. An objection was raised on behalf of the decree-holders on this ground, and thereupon Chhaganlal was added on the 26th May, 1951. THEn another objection was raised to the effect that as Chhaganlal had been made party more than 30 days after the date of sale, the application under O. XXI, r. 90 was barred by limitation. This plea prevailed with the executing court which dismissed the application. THEre was an appeal to the District Judge who also upheld the contention, and dismissed the appeal. Hence this revision.