JUDGMENT

SEN, J. :— This special leave petition directed against the judgment and order of the Delhi High Court dated September 3, 1980 must fail as the decision of the High Court on merits is unassailable. But in view of the growing tendency of litigants of by-passing the normal remedy of an appeal or revision by moving the High Court with petitions under Art. 227 of the Constitution, we deem it necessary to give the reasons therefor.

2. It appears that the property belonging to the surety Mohd. Salam comprised of a house situate at Katra Sheikh Chand Lal Kuan, Delhi was sold by the Subordinate Judge, Delhi in execution of as ex parte decree in favour of Mohd. Mustaqim due to the failure of the judgment-debtor Hakim Mazhar-ud-Din to satisfy the decree on May 24, 1972. On June 9, 1972 the surety made an application under S. 151 of the Code of Civil Procedure, 1908 without specifying whether it was under O. XXI, R. 89 or R. 90. The learned Subordinate Judge by his order dated June 10, 1972 treated the application to be under O. XXI, R. 89 and the surety opted to elect it as such and prayed for time to deposit the solarium equal to 5% of the purchase money for payment to the auction-p