DIP CHAND Vs. SHEO PRASAD

JUDGEMENT

(1.) This is an application to revise the order of the munsif of Chandausi, dated 16 June 1927, and arises under the following circumstances:

(2.) In execution of a simple money decree against the applicant, his property was sold in three lots on 10 March 1927. One Shiam Behari purchased the lot No. 1. The second lot was purchased, on the spot, by one Brij Bhukan Saran, but he declared that he was purchasing the same for one Kunwar Bahadur. The third lot was purchased on the spot by one Sarra Mal, but he declared that he was purchasing the property for himself and one Mohamad Raza Khan. On 2nd April 1927, the judgment-debtor put in an application to the Court stating that he had deposited the decretal amount and the 5% on the purchase money, and asked that the sale might be set aside. The application was, as the application itself mentioned, under Order 21, Rule 89, Civil P.C. In the body of the application the judgment-debtor said that the purchasers were Shiam Behari, Kidar Nath and Sarra Mal. It appears that Brij Bhukan Saran was the clerk of the pleader B. Kidar Nath, and B. Kunwar Bahadur was the brother of B. Kidar Nath. The judgment- debtor, apparently, took the purchase by Brij Bhukan Saran as a purchase by his master, B. Kidar Nath, himself. It also seems to be clear that Saran Mal's purchase was taken by the judgment-debtor to be entirely for himself without a partner.

(3.) One of the purchasers took exception to the application on the ground that the two other purchasers, B. Kunwar Bahadur and Mohammad Raza, had not been impleaded. Thereupon the judgment-debtor asked that notices might be issued to those purchasers also. This application was made more than 30 days after the sale, which, as we have already stated, was held on 10 March 1927.