ARDHENDU SEKHAR CHATTERJEE Vs. KACHEM SHEIKH

JUDGEMENT

(1.) These are two petitions for revision of orders of a lower appellate Court rejecting appeals on the ground that no appeals were maintainable.

(2.) There had been proceedings before a learned Munsif for setting aside a sale on the ground of fraud and irregularity in the conduct and publication of the sale.

(3.) The applications were made by the judgment-debtors, and the auction-purchaser and certain lessees of the auction-purchaser were the opposite parties. The learned Munsif held that the processes had been fraudulently suppressed and there had been no proclamation of sale. He accordingly held that the failure of the judgment-debtors to apply within limitation was due to this fraud and as the judgment-debtors came within less than a month of knowledge of the sale the learned Munsif held that the applications were within limitation. He accordingly set aside the sale.