KASINADHA SAHU Vs. G GURUNADHA RAO

JUDGEMENT

(1.) THIS is a Miscellaneous First Appeal against the judgment of the learned Subordinate Judge, Berhampur, who has rejected an application purporting to be under Section 47 read with Section 151, C.P.C.

(2.) THAT application was filed on 18-2-64 before the learned Subordinate Judge. The appellant who was the applicant before the learned Subordinate Judge happens to be judgment-debtor No. 2, in Execution Case No. 234 of 1956. The application which was filed on 18-2-64 called in question the validity of the sale of a building located in the town of Berhampur on various grounds. The grounds were specifically stated in paragraph 2 of the application under sub-paragraphs (a) to (t). The reliefs asked for in the application were to set aside the confirmation of the sale on the basis that the entire proceeding was void, alternatively to review the order of confirmation and thereafter to set aside the sale and pending disposal of the application to stay delivery of possession. The learned Subordinate Judge disposed of the matter on 13-3-65. In his order he noticed three contentions mainly, namely, (a) THAT the valuation of the property has been deliberately made grossly low and that there was no division into lots of the property, a portion of which would have been sufficient to satisfy the decretal dues. (b) THAT there has been no due service of notice under Order 21, Rule 22, C.P.C. upon all the judgment-debtors and that there was suppression of valuation notices upon the judgment-debtors. (c) THAT the sale proclamation was not made in conformity with law in force. These three contentions were taken into consideration by the learned Subordinate Judge who discarded them and held that there was no merit in the application. He further found that the application was grossly barred by limitation.