AIR 1960 PATNA 294

Patna High Court

Hon'ble Judge(s): N. L. Untwalia , J

(A) Civil P.C. (5 of 1908) , O.21 R.90— Irregularity or illegality in publishing or conducting sale - Remedy of aggrieved party. If a property is sold by committing an irregularity or illegality in publication of sale or in conducting the sale, the remedy by the aggrieved party is to apply under O. 21, R. 90 for setting aside the sale and that should be done within the statutory period of limitation, and then the matter can be enquired into as to whether there was any alleged illegality or not. Where the judgment-debtor had appeared before the execution Court in answer to the notice under O. 21, R. 22, Civil P. C., and had not presented any application under O. 21, R. 90 to set aside the sale, he cannot raise the objections to the sale in an appeal against the order rejecting his application to stay the delivery of possession of property sold.(Para 2) (B) Civil P.C. (5 of 1908) , S.47— Application by judgment-debtor resisting delivery of possession - Order rejecting application - No appeal lies from such order - Appeal wrongly entertained and order set aside - Second appeal to High Court is competent. AIR 1931 Pat 241 (FB), Ref. (Para 3) (C) Civil P.C. (5 of ....