HARRIES, C.J. - (1.) THIS is an appeal from an order of a learned Subordinate Judge of Asansol, dismissing an application to set aside a sale. The application was made under Sections 47 and 151, Civil P. C.
(2.) TO appreciate the points in issue it will be necessary to state the facts in some detail. Nagarmull Rajgharia, now deceased, whose personal representative has been brought on the record as respondent in his stead, obtained a decree in Suit No. 1518 of 1923 on the Original Side of this Court. The decree was eventually transferred for execution by this Court to the Court of the Subordinate Judge at Asansol through the District Judge of Burdwan. A certificate of non -satisfaction under Section 41 Civil P. C., was sent by this Court which was transmitted to the Asansol Court. The decree -holder Nagarmull Rajgharia commenced Money Execution Case No. 296 of 1931 in the Court of the Subordinate Judge at Asansol, but that case was eventually dismissed for default on 27th February 1932. The Court at Asansol sent what purported to be a certificate of non -satisfaction under Section 41, Civil P. C., to this Court and it is to be observed that the decree was never again transferred to the Court at Asansol for execution. Later, however, the decree -holder made another application for execution at Asansol and Money Execution case No. 224 of 1932 was commenced. In the course of that execution the decree -holder purchased the Sripur Colliery on 9th June 1933, but the sale was set aside on 29th January 1934 on an application by one of the judgment -debtors, the appellant in this appeal, under Order 21, Rule 90, Civil P. C. A certificate purporting to be a certificate under Section 41, Civil P. C., was sent by the Asansol Court to the High Court. The decree -holder appealed against this order setting aside the sale, but his appeal was dismissed by this Court. The records of Misc. case No. 224 of 1932 were returned to this Court by the Asansol Court on 17th September 1935 and the execution case was revived.
(3.) THE property, namely, Sripur Colliery, was again sold in an execution sale to the decree -holder for Rs. 12,000 but this sale was set aside. The property was again resold and purchased by the decree -holder for Rs. 2,50,000 on 27th May 1938. The appellant made an application to set aside this sale which was rejected. He preferred an appeal to this Court which was ultimately dismissed and an application by him for leave to appeal to the Privy Council failed.;