JUDGMENT

(Minority Judgment)

S.B. Sinha, J.-Interpretation of Section 104 of the Code of Civil Procedure (for short, the Code ) vis-a-vis Clause 15 of the Letters Patent of the High Court of Madras is in question in these appeals.

BACKGROUND FACTS :

2. Although these appeals involve common questions of law, the factual matrix of the matter would be noticed from Civil Appeal No. 689 of 1998.

3. The First Respondent herein filed a suit against the Appellant herein in the Court of II Addl. Subordinate Judge, Coimbatore which was marked as O.S.No. 403 of 1974. The said suit was decreed on or about 15.4.1976. An execution petition was filed by the First Respondent-decree holder for executing the said decree. In the said execution proceeding for realization of the decretal amount the property belonging to the Appellant herein was put to auction. The validity of the said auction came to be questioned by the Appellant by filing an Execution Application on or about 8.10.1979 praying therein for setting aside the court auction sale held on 26.9.1979 in respect of Ginning factory situate at Tirurppur named and styled Sree Krishna Ginning Factory. The said application was marked as Executive Appli