Judgement

Consolidated Appeal (No. 87 of 1932) from two decrees of the High Court (August 19, 1930) reversing two orders of the first Subordinate Judge of Tippera at Comilla (February 28, 1929).

The appellants purchased, with the leave of the Court, immovable properties at two auction sales in execution of two mortgage decrees in their favour. Two sets of objections to the sale in each case were filed under Order xxi., r. 90, one set by respondents Nos. 1 to 0 and one set by respondents Nos. 7 to 19. The objections were heard together by the Subordinate Judge and were dismissed by orders made on April 15 and 22, 1924, respectively; he confirmed both sales under Order xxi., r. 92. Appeals to the High Court by the objectors were dismissed on March 17, 1927. On May 19 and June 6, 1928, the Subordinate Judge granted the appellants as purchasers sale certificates under Order xxi., r. 94.

On September 10, 1928, the appellants applied to the Subordinate Judge for an order for delivery of possession in respect of each purchase.

The Subordinate Judge made an order in each case, holding that the applications were not barred by limitation, as the period of three years allowed by the Indian Li