THAKAI GOPE Vs. RAMLAGAN MANJHI

JUDGEMENT

(1.) This is an appeal by the judgment-debtor from an appellate order dismissing his application under Order XXI, Rule 90 of the Code of Civil Procedure for setting aside a sale.

(2.) Though the second appeal is from an, appellate order passed in- a proceeding under Order XXI, Rule 90, Civil Procedure Code, the appeal is maintainable, in view of the decision. of the Full Bench in 'RAMLAL SAHU v. MT. RAMIA', 26 Pat 340 (FB), because the application under Order XXI, Rule 90 was also based on fraudulent suppression of the notice under Section 158B of the Bihar Tenancy Act which substantially corresponds to Order XXI, Rule 22 of the Code of Civil Procedure.

(3.) The learned Munsif allowed the application under Order XXI, Rule 90, holding that the notice under Section 158B as well as the sale proclamation were fraudulently suppressed. He also held that the application was not barred by time.