BALWANT RAI KUMAR Vs. AMRIT KAUR

JUDGEMENT

(1.) In execution of a decree obtain-ed by Amrit Kaur against Balwant Rai Kumar, land belonging to Balwant Rai Kumar was sold by auction. The land was purchased by the decree-holder on the 14th June, 1956. This sale was confirmed on the 21st July, 1956, and a sale certificate was granted on the 11th, October, 1956. The decree-holder obtained possession on the 21st February, 1957.

(2.) On the 27th November, 1956, an application was made by the judgment debtor under sec-tion 47 of the Code of Civil Procedure for setting aside the sale. The principal grounds are that the sale is vitiated as fraud was practised by the decree-holder on the executing Court and that no notice under Order 21 Rule 66 (2) of the Code was issued to the judgment-debtor and he was totally kept in the dark so far as the sale in dispute is concerned. It is claimed that the sale is a nullity and confers no title on the decree-holder.

(3.) This application was opposed by the decree-holder on a number of grounds. It is not necessary to set down all of them. The ground which prevailed with the Courts below related to the maintainability of the objection petition under Section 47 of the Code of Civil Procedure for setting aside the sale. The only issue framed is in these terms:-