GAJRAJMATI TEORAIN Vs. AKBAR HUSSAIN

JUDGEMENT

(1.) This is an appeal from a decree of the High Court at Allahabad, reversing the decree of the Subordinate Judge, and dismissing, with costs, a regular suit brought for the purpose of annulling a sale in execution proceedings.

(2.) The sale was held under a decree of the Subordinate Judge of Gorakhpur by the Collector of Basti. The sale proclamation was duly issued. The sale was fixed for the 20 of February 1897. It was held on the 23rd, but before the Collector had finished the sales listed for the 20th.

(3.) It appears that an order was made ex parte on the 11 of February 1897 by the Subordinate Judge of Gorakhpur staying the sale. On the 16 of February the Collector of Basti, in obedience to this order, struck the proceedings off the pending file. However, on the 22nd, in consequence of notice received from the Court of the Subordinate Judge, from which it appeared that the order staying the sale had been set aside, the case was then brought forward, as the Collector notes, "in continuation of the sale proceedings in other cases." The sale was commenced, but adjourned till the following day. On the 23 the decree-holders, who had leave to bid, purchased at the auction the interest of the judgment- debtors, and the sale was concluded in their favour subject to confirmation by the Civil Court.