SASHINATH CHOUDHURY Vs. UGRANARAIN CHAUDHURY

JUDGEMENT

(1.) In these appeals by the two plaintiffs arising out of the same suit, the only question is whether an execution sale is void as it was not held on the date fixed but on a subsequent date.

(2.) The date fixed for the sale was 8 March 1937. The sale was actually held on the 15 of that month. The Court below has held that no suit lies and the proper remedy was by means of an application under Order 21, Rule 90. Furthermore, the Court has held that possibly the 15 March was the date on which the monthly sales were being held in which view the sale in the present instance would have been entirely regular.

(3.) On behalf of the plaintiffs-appellants reference has been made to the decision of the Allahabad High Court in Chedami Lal V/s. Amir Beg (85) 7 All. 676 in which it was held that a sale before the time fixed for it was a nullity and not a mere irregularity. That case is not of much assistance as it refers to a different state of circumstances altogether.