M SYED RAFIQUAL RAHMAN Vs. MIR NAWAZIS HUSSAIN

JUDGEMENT

(1.) This is an application on behalf of the decree-holder who complains of Order No. 9, dated 21 March 1941, passed in Execution Case No. 1347 of 1940. That order is as follows: Sale taken up. Decree-holder does not want to bid up to the extent of valuation fixed by Court. Hence the case is dismissed for non- prosecution.

(2.) This order is obviously incorrect. Two courses are open, one to re-sell the property and ask other bidders to bid on another day and the other to proceed under the provisions of Section 163A, Bihar Tenancy Act, Clause (2).

(3.) The order of the learned Munsif is set aside and he is directed to proceed with the execution from the stage at which he passed the order now being set aside.