- (1.) This revision petition is directed against the order dated 12.9.1981 passed by the Executing Court directing the sale of property to satisfy the money decree for an amount of Rs. 6120/- passed by the Learned Sub Judge on 18.11.1978 against the petitioner-judgment debtor.
(2.) Brief facts of the case necessary for resolving the controversy may first be noticed. A money decree for an amount of Rs. 6120/- was passed by the learned Sub-Judge on 18.11.1978 against the petitioner judgment debtor and in favour of respondent decree-holder. An application was moved by the respondent decree-holder being application No. 40 in the executing Court which was dismissed for non-prosecution on 24.8.1981 and the executing court passed an order which reads as under :- "Present None. None for D.H. As such execution application is dismissed for the absence of the D.H. But the previous proceedings are kept intact. Execution application be consigned to the record room for the time being."
(3.) On 29.8.1981, the decree holder filed another application being execution application No. 58 without seeking restoration of the execution application No. 40 which was dismissed on 24.8.1981. The executing Court registered the application and directed the listing of the case on 5.9.1981 for consideration alongwith the previous file i.e. execution Application No. 40. Thereafter, the case was listed on 5.9.1981 and the hearing was deferred to 12.9.1981. On the adjourned date, the impugned order was passed by recording the following order : "Present : D.H. with counsel. J.D. not present despite the fact that execution has been called many times. Let the sale be issued as under : Notice in Court compound - 19.9.1981 Munadi for sale at spot - 29.9.1981 Sale at spot - 14.10.1981 Report be made on - 24.10.1981;