DR. EDWARD MATHURAM AND ORS. Vs. G.T.S. ABDUL LATIFF SAHIB AND ORS.

JUDGEMENT

(1.) WHEN this petition was taken up for hearing it was noticed that the order of the lower Court is appealable under Order 43, Rule (1)(j) of the Civil Procedure Code and when that was discovered, Mr. Venugopalachari for the petitioner filed an application for leave to convert the civil revision petition into a civil miscellaneous appeal. As the civil revision petition itself was filed before the expiry of the period of limitation and as no question of bar of time arises and since the court -fee in the civil revision petition was more than what would have to be paid in a civil miscellaneous appeal, I allowed the petition and the civil revision petition was converted into a civil miscellaneous appeal, the jurisdictional value of which being below Rs. 5,000 it is permissible to have the civil miscellaneous appeal disposed of by a single Judge. It is on the basis that the proceedings before me are in the nature of a civil miscellaneous appeal that I dispose of the case now.

(2.) THE appellants herein were the decree -holders who obtained a decree for a sum of money against the judgment -debtor. Properties were attached and sold in pursuance of that decree whereupon the first respondent herein claiming to be a previous purchaser of some items of properties from the judgment -debtor filed an application under Order 21, Rule 89, Civil Procedure Code, for setting aside the sale. Along with the deposit of the necessary amount, an application supported by an affidavit was filed. Paragraph 6 of the affidavit is in the following terms: