JAGDISH PRASAD Vs. HAZARI LAL

JUDGEMENT

(1.) THIS is the judgment-debtor's revision application and arises in the following circumstances :

(2.) HAZARILAL obtained a money decree against Jagdish Prasad judgment-debtor on July 14, 1972 and started execution proceedings on December 11, 1973. In the aforesaid execution proceedings immovable property of the Judgment-debtor was attached on January 25, 1974. The judgment-debtor filed an application before the Debt Relief Court on August 26, 1974. The proceedings before the Debt Relief Court continued for some time until by the order dated December 17, 1976 the claim of HAZARILAL was discharged for all purposes, as the decree holder creditor HAZARILAL did not file any statement of the claim within the meaning of Section 8 of the Rajasthan Relief of Agricultural Indebtedness Act, 1957 (hereinafter referred to as "the Act" ). In the meantime, the executing court proceeded with the auction sale of the house property which was attached and on November 10, 1974 the property in question was sold by public auction in favour of the non-petitioner Dashrathsingh for a sum of Rs. 10,000/ -. An application was filed by the judgment-debtor under Order 21 Rule 97 C. P. C. for setting aside the sale which was dismissed and an appeal in that matter proved to be infructuous. The auction sale was confirmed and a sale certificate was issued in favour of the non-petitioner on April 13, 1977. Thereafter the judgment-debtor filed an applicaton on May 12, 1977 in the executing court alleging that the entire proceedings for sale were illegal and void and that possession of the property, which was the subject matter of the auction sale, should not be given to the auction purchaser by the executing court. This application was dismissed by the executing court on July 25, 1977 and an appeal was preferred by the judgment-debtor before the Additional District Judge, Dausa, who dismissed the same by his order dated August 11, 1978 on the ground that no appeal was maintainable in respect of an objection petition preferred under sec. 47 C. P. C. Hense this revision application has been filed in this Court.