NEMICHAND Vs. DHANSUKHDAS

JUDGEMENT

(1.) THIS revision application by a judgment-debtor has arisen in the following circumstances: -

(2.) ONE Jasiram Jagannath had obtained a money-decree against the petitioner Nemichand. A house of Nemichand situated in village Loha-wat was auctioned in execution of that decree and was knocked down in favour of non-petitioner No. 1 Dhansukhdas. A sale certificate was accordingly issued in favour of the said Dhansukhdass on 18th July, 1951. On 27th July,. 1951, Dhansukhdass applied for possession of the house under O. XXI, rule 95 of the Civil Procedure Code. During the course of delivery of possession it was found that some apartments in the house were locked and so the auction purchaser Dhansukhdass applied to the executing court viz. , that of Munsiff Phalodi, that possession be delivered to him by breaking the locks open. On 8th August, 1951, the Munsiff ordered accordingly. It was then discovered that movables belonging to the petitioner were lying in some of these apartments and on the 27th August, 1951, the Munsiff proceeded to order the sale of these goods by public auction. The goods were subsequently sold on 29th October, 1951, in favour of non-petitioner No. 2 Naraindass for a sum of Rs. 216/- and the sale was apparently confirmed on the 9th November, 1951. This revision has been filed by the judgment-debtor from the aforesaid orders of the Munsiff Phalodi dated 27th August, 1951, and the 9th November, 1951. It may be pointed out here that in his re visional application, the petitioner has incorrectly stated the date of the order dated 9th November, 1951, as 29th October, 1951, but this error is not of much consequence as he has correctly filed the copy of the order dated 9th November, 1951, along with his revisional application.