SAIDAN Vs. SHAMSUDDIN

JUDGEMENT

(1.) THIS purports to be an execution second appeal by the auction-purchaser Smt. Saidan against an appellate order of the District Judge, Jaipur City. , setting aside a sale in her favour which took place in execution of a money decree of Kesarlal and Laxmi Narain against Rooda, Chhutan, Molya and Ram Dayal.

(2.) A house was attached in execution of the decree and was sold in favour of Smt Saidan on 28-1-64 at an auction sale. Shamsuddin was one of the bidders at the auction. An objection purporting to be under O. 21 r. 90 C. P. G. and sec. 47 C. P. C. was filed by Shamsuddin, Mohammad Ismail, Amir and Salimuddin alleging that there were material irregularities in conducting the sale which had caused them substantial injury.

(3.) IN the circumstances of the present case I hold that the adjournment on 27-12-63 was really made by the Sale Amin on the ground that it was a court holiday and the peon did not exercise any discretion on his behalf. Therefore there was no irregularity in conducting the sale at all. Further no injury was caused to Shamsuddin and others at all as they contracted to purchase property for Rs. 2500/-and it was actually sold for Rs. 3600/ -.