A.M.SINHA, J - (1.)This revision is directed against the judgment and order passed by the learned Assistant District Judge, 3rd Court, Alipore in Money Execution Case No. 19 of 1970 rejecting the application filed by revisionist-petitioners purported to be one for obtaining an information as to dues of the decree-holder on the money decree for the purpose of paying it off and for certain other directions. In a money suit the decree-holder obtained a decree for a sum of Rs. 6100.00 against the revisionist-petitioner and his co-sharers. The co-sharers, it was said, agreed to pay off all their dues in the money execution case and as such they wanted to be favoured with the information of the court as to the exact amount payable by them. They stated that they were ready to pay the said dues by Challan on the next day of the supply of such information.
(2.)Their immovable property, namely, 11 cottahs of land with a two storied puce building situated at 46 and 48, R. K. Chatterjee Road, Kasba, Calcutta were attached and put to auction sale for rupees one and half lakh only on 7/07/1990. According to the petitioner, the market value of such property at the time of sale would be more than Rs. 8 lakhs.
(3.)As the particulars could not be obtained through their lawyers as to such auction sale, they could not file a regular application under Order 21, Rule 89 for depositing the requisite amount in the execution case and get the sale set aside. The petitioners were very much upset and anxious on coming to know of the auction sale and filed the abovementioned petition for ascertaining their dues for the purpose of filing an application under Order 21, Rule 89 of the Civil Procedure Code.
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