Judgement

SHELAT, J. : This appeal by special leave raises the question whether an order by an executing Court setting aside an auction sale as a nullity is an appealable order.

2. In pursuance of a decree passed against the appellant (judgment-debtor) the judgrnent-creditor took out execution proceedings. An auction sale of the factory belonging to the appellant was ordered by the executing Court. In pursuance of that order, the Amin (the auction-officer) held an auction sale on September 10, 1962. Respondent No. 1 was held to be the highest bidder for Rs. 2,45,000. The appellant challenged the auction-sale alleging that the Amin had not realised 1/4th of the sale proceeds immediately after the said auction was closed as required by O. 21, R. 84 of the Code of Civil Procedure. His case was that the Amin realised the said amount and deposited it in the Treasury on September 11, 1962. The appellant thereafter filed an application under O. 21, R 84 before the Civil Judge, Aligarh. Respondent No. 1 contested that application stating that he had tendered the said amount immediately after the auction, that the said amount being large the Amin hesitated to accept it in cash as it was too l