BIRJ MOHUN THAKOOR Vs. RAI UMA NATH CHOWDHRY

JUDGEMENT

(1.) IT is now conceded that Sections 311 to 313 of the Civil Procedure Code do not apply in this case. Section 311 is limited strictly to "the decree-holder or any person whose immoveable property has been sold," which the present Appellant is not. Section 313 applies to the purchaser, and its scope is limited to the case of a person whose property is purported to be sold, and who had no saleable interest therein, which is not this case.

(2.) HERE there was an order for sale, and the property was put up for sale, but there was no order confirming the sale. Under Section 312, if no such application as is mentioned in Section 311 is made, there is only one duty left to the Court, namely, to pass an order confirming the sale as regards the parties to the suit and the purchaser. The Subordinate Judge refused to do that, and set aside the sale, and directed the purchase-money to be refunded on certain terms. In so doing he declined to exercise a jurisdiction which he had, and exercised one which did not belong to him, and consequently his judgment was liable to be reviewed by the High Court under the 622nd section of the Code of Civil Procedure.

(3.) FOR these reasons their Lordships will humbly advise Her Majesty that this appeal should be dismissed.