ORDER

1. The short question involved in this appeal is as to whether a suit could be filed under Order 21 Rule 63 of the Code of Civil Procedure two years after the date on which objections filed under Order 21 Rule 58 CPC against attachment of the suit property came to be dismissed for default. The skeleton facts centering round this controversy are to the effect that the appellant claimed to be the auction-purchaser who had purchased the suit shop in an auction dated 14-1-1964 for Rs 14,500. The said auction was held in execution of two money decrees obtained by one Bankey Lal against the judgment-debtor one Jagdish Saran. Two execution cases i.e. Cases Nos. 46 and 47 of 1958 were initiated by Bankey Lal, the decree-holder and he put the property to sale. The appellant herein emerged as the successful auction-purchaser for one shop as stated above. Auction in his favour was confirmed on 29-7-1966 and the sale certificate for him was prepaeed on &8-I966. Symbolic possession was also given to him on 9-8-1966. Defe alleged to have obtained a compromise decree in Suit No. 11 of 1959 against the original judgment-debtor, Jagdish Prasad in execution of that decree they got the very sam