Judgment

BALAKRISHNAN, J.

( 1 ) THIS appeal is directed against the order passed in Civil Revision No. 1208/87 by the High Court of Judicature at Patna. The plaintiff-appellant herein filed Money Suit No. 13 of 1974 before the Subordinate Judges Court, Biharsharif. On 26-3-1974, the plaintiff obtained an order of attachment before judgment in respect of certain properties of defendant situated within the local jurisdiction of Subordinate Judge, Jehanabad. The attachment order was sent directly to Sub-ordinate Judge, Jehanabad on 27-3-1974 and it was served on the defendant in the suit on 31-3-1974. The defendant remained ex parte and the suit was decreed on 11-10-1974. The plaintiff-decree holder sent the decree for execution to the Court of Subordinate Judge, Jehanabad. On 25-8-1976 a fresh order of attachment of the properties was made by the executing Court and the properties were sold through Court auction on 19-11-1977. The decree holder himself purchased the attached property for a sum of Rs. 5996. 38. The properties were having an extent of about 5 acres. The respondents herein filed a Miscellaneous Case of 19-11-1977 contending that they had purchased the disputed properties