I.S. Israni, J. - (1.) This Civil Miscellaneous Appeal No. 35/ 1980 under O. 43 Rule I C.P.C. against the judgment of learned Additional District Judge. Alwar, (Court No. 2), dated Feb. 5, 1980. in Execution Case No. 2/1977, has been filed, whereby the objections of the appellants under O. 21, Rule 90 C.P.C. were dismissed.
(2.) It will suffice to state for the purposes of this appeal that in a suit filed against the appellants by Ram Gopal Bhawani Bux and others, property of appellant; was attached on January 1, 1918. The suit was decreed for a sum of Rs. 27,819.65 along with interest in the year 1974. An execution application was filed by decree-holders on January 4, 1977 in which two shops of the appellants were auctioned separately for Rs. 40,000/- each on January 2, 1917.
(3.) The contention of the learned counsel Shri Bafna, appearing for the appellants is that even at the time of auction itself, an objection was raised that since the decreetal amount stood satisfied by the auction of Shop No. 1 only, the Shop No. 2. should not be auctioned. However, the Shop No. 2 was also put to auction. Thereafter objections under Order 21 Rule 90 C.P.C. were filed on February 22, 1977, in which inter alia the above objection was raised. It is contended by the learned counsel that since the Shop No. 1 was auctioned for Rs. 40,000/- it covered the entire decreetal amount mentioned in the proclamation issued by the Executing Court and, therefore, the shop No. 2, should not have been auctioned.;