D.K. Seth, J. - (1.) The Judgment debtor, opposite party No. 3 filed an application under Order XXI, Rule 90 of the Code of Civil Procedure for setting aside the sale dated 10.11.64 of a house fora sum of Rs. 15,000 in execution of a decree obtained by the decree holder on 7.10.60 through Execution Case No. 216/63 for recovery of Rs. 3.874.45 paise on the ground that the valuation of the house was about Rs. 1 lac which was sold for Rs. 15,000 which is shockingly a low price. This application was allowed and the order dated 10.11.64 was set aside and a fresh proclamation as provided under Order XXI, Rule 67, C.P.C. was directed to be issued by order dated 27.11.75. The decree-holder preferred and appeal which is being numbered as Civil Appeal No. 24/76 which was converted into a revision by the learned IVth Addl. District Judge Court at Kanpur. By order dated 4.5.79 the learned IVth Addl. District Judge has dismissed the revision. It is these orders which have since been challenged by means of this writ petition by the judgment-debtor.
(2.) Notices were sought to be served on opposite party No. 3 but it could not be ultimately served thereunder. By an order dated 13.2.81 the petitioner was directed to file an affidavit of service with regard to the service. The affidavit of service was filed on 16.5.97. It appears that the affidavit of service was affirmed on 4.9.79. From the acknowledgment card and envelop it appears that the same was sent under registered post with acknowledgment due.
(3.) By an order dated 16.5.97 the service was accepted as valid service. Thus this matter has been placed for hearing today. No one appears to opposite the petitioner.;