SHEODAHIN TIWARI Vs. RAMJANAM TIWARI

JUDGEMENT

(1.) In execution of a money decree against the petitioner, his property was sold at the, instance of the decree holder opposite party who was apparently his uncle and the record was, on November 21, 1931, directed to be put on December 22, for confirmation of sale. On December 14, the judgment-debtor applied for issue of a chalan and on December 21, a petition on behalf of the decree-holder showing full satisfaction was directed to be put up on the date fixed. On December 22, the order was passed "Above petition put up. Case dismissed on full satisfaction."

(2.) Thereafter the decree holder filed an application purporting to be under Section 151 and Order XLVII, Rule 1 of the Civil P. C. praying that the order of December 22,1931, be set aside and the sale to confirmed, giving as his ground that the petition of all satisfaction had been fraudulently filed by his pairvikar who is also a nephew, in collusion with the judgment-debtor. There was also an application to prosecute the judgment debtor and the pairvikar for filing a false satisfaction petition.

(3.) The learned Munsif did not decide whether the judgment debtor did or did not give money in satisfaction of the decree or whether the satisfaction petition filed was false. He held that the order of December 22, was not liable to be set aside under Order XLVII. Rule 1 or Section 151 of the Civil P. C. as "the applicant had failed to show that the Court committed a legal flaw in its order or to produce any new material."