Judgment

PATHAK, J.:- This appeal by special leave is directed against the judgment of the Madras High Court maintaining that objections speacial in regard to a sale proclamation in proceedings for execution of a civil decree can be raised under Rule 90 of Order XXI, Code of Civil Procedure.

2. A civil suit by the respondent against the appellant was decreed in 1971. The attachment of the appellants property before judgment was made absolute on the date of the decree. To execute the decree the respondent filed Execution Petition No. 222 of 1972 and prayed for sale of the attached property. It was decided to put up the attached property in two lots for sale. Lot No. 1 was sold on 28th January, 1974 for Rs. 40,000/- to the respondent. Lot No. 2 was not sold for want of bidders. The sale of Lot No. 1 was confirmed by the Court on 2nd March, 1974 and full satisfaction of the decree was recorded. Subsequently, the appellant filed Execution Application No. 600 of 1974, purporting to be under S. 47 of the Code, for setting aside the sale of Lot No. 1. He claimed that the proclamation of sale and the conduct of the sale was vitiated by several irregularities. It was alleged that the proclama