PT CHANDRA SEKHAR DHAR MISRA Vs. BHAGWAN DAS

JUDGEMENT

(1.) This is a judgment-debtor's appeal from an order of the learned Subordinate Judge of Motihari dismissing his application which had been made under the provisions of Order 21, Rule 90, Civil P.C. The decree-holders held a judgment against, the judgment-debtor appellant and proceeded to execute the same.

(2.) On 1 August 1938, the sale proclamation was issued announcing the sale of a number of properties. On 10 November 1938, the sale was held and the properties were sold for an amount less-than the decretal amount.

(3.) On 10 December 1938, the judgment-debtor filed an application for setting aside the sale, and the application was stated to be made under Section 47 and Order 21, Rule 90, Civil P.C. It is clear, however, from a perusal of the application that it was one under Order 21, Rule 90, Civil P.C., because it was alleged that the notices and processes had been fraudulently suppressed and that by reason thereof the property had been surreptitiously sold at a grossly inadequate price to the-prejudice of the judgment-debtor. The application eventually was heard by the learned Subordinate Judge of Motihari, and evidence was led by the appellant with a view to showing that the processes had been, suppressed and had never been served.