- (1.) THIS is a revision under S. 115, C. P. C. by Ram Pratap and another against the order dated 23-2-1963 of the Civil Judge of Gorakhpur dismissing their application, in substance, for setting aside the order confirming the sale.
(2.) AFTER obtaining a final decree under Order XXXIV, Rule 5, C. P. C. for the recovery of the mortgage money by the sale of the mortgaged property Mohan Lal, decree-holder-opposite party No. 1, applied for execution of the decree. The decree was against Uma Shanker, opposite party No. 2, father of the present applicants. The property was auctioned on 18-12-1961 and was purchased by the decree-holder himself. On 12-10-1961 the applicants moved an application for permission to sue as pauper to obtain a declaration that the decree already obtained was void and the property in dispute was not liable to sale in execution of that decree. At the same time, an application was made to restrain the decree-holder, who was the defendant in that suit, from proceeding with the auction sale. However, the Civil Judge passed an order that the confirmation of the sale shall be stayed till the disposal of the application. This order was passed on the date of the presentation of the pauper application (12-10-1961). The pauper application was allowed on 4-7-1962 and on 13-7-1962 the decree-holder, Mohan Lal, moved an application that on account of there being no stay order the execution of the mortgage decree may proceed. This application was eventually allowed and the sale was confirmed on 6-8-1962.
(3.) ON 7-7-1962 the decree-holder defendant, moved an application for dispaupering the plaintiffs-applicants and this application was allowed under order dated 25th August, 1962, and the permission already granted to sue as pauper was withdrawn.;