SUNDER RAM Vs. HARANGI RAM

JUDGEMENT

(1.) This miscellaneous appeal and the application in revision arise out of what has been described in some cases an application under Section 47, Civil P.C., and Order 21, Rule 90. Such applications have been so described to get over the objection that no second appeal lies to this Court.

(2.) There are a number of decisions of this Court, one in particular of the late Sir Jwala Prasad, relying upon the decisions of other High Courts to the effect that such an application involves Order 21, Rule 22 and therefore becomes an application under Section 47 and a second appeal lies. Now, the decision of the Courts below, so far as the question of Order 21, Rule 90 is concerned, is against the appellant judgment-debtor, and indeed as regards necessity of the notice under Order 21, Rule 22 the decision is also against the judgment-debtor on the footing that the judgment-debtor had notice of the execution proceedings by reason of the notice under Order 21, Rule 66.

(3.) I am pressed with the contention that, as no notice was issued under Order 21, Rule 22, the Court had no jurisdiction to sell the property and no title was given to the purchaser who happens to be the decree-holder in this case.