PRABHU DAYAL Vs. HARDEO

JUDGEMENT

(1.) THIS is a revision by the decree-holders in execution proceedings.

(2.) PRABHU Dayal and Chhajuram applicants had a money decree against Hardeo, and put the same in execution on 18th May, 1952. The prayer was that the house and the Guara of the defendant situated in village Kanwarpura be attached and sold in execution of the decree, which was for Rs. 864/9/ -. The property was attached, and put up for sale. According to the report of the Amin dated 16th February, 1954, the house was knocked down for Rs. 511/-in the name of Nanda and the Guara for Rs. 275/- in the name of Chhota. The decree-holders filed on objection on the 25th of February, 1954, under O. XXI, r. 90, C. P. G. , praying for setting aside the sale on the ground that the notice of the time of sale was not given, and further the sale was knocked down in the name of Chhota, brother of Moolchand a co-decree-holder, in collusion with Moolchand. It was intimated that the decree-holder PRABHU Dayal himself was prepared to bid Rs. 1,000/- for that property. The Munsif of Kotputli, which was the executing court, found that the time of the sale was not given in the proclamation, which was an irregularity, but it was held that the decree-holder PRABHU Dayal had himself stated the value of the property to be Rs. 750/- at the time of setting the terms of sale, and that, therefore, no substantial injury had been proved to have been caused by the irregularity. He accord ingly dismissed the objection. The same judgment was upheld on appeal.