Judgement

Consolidated Appeal and Cross-Appeal (No. 7 of 1921) from a decree of the High Court (December 14, 1916) varying an order of the Subordinate Judge of Godda.

Upon an appeal to the Privy Council in 1913 (L. R. 411. A. 38.), a confirmation by the Subordinate Judge in 1904 of a sale of immovable property in execution of a money decree, and the sale certificate made thereunder, were set aside. The Order in Council reversed a decree of the High Court at Calcutta dismissing an appeal from the sale certificate. The present proceedings were commenced in 1915. The judgment-debtor (now represented by the first five appellants) petitioned the Subordinate Judge for restoration of the property, with mesne profits. The auction purchasers (now represented by the first two respondents) petitioned, claiming (inter alia) that the restoration of the property should be subject to the repayment to them of the purchase price, also the amount which they had paid to discharge two bonds secured upon the property. The facts appear more fully from the judgment of the Judicial Committee.

The Code of Civil Procedure, 1908, by s. 144, provides that where a decree is varied or reversed, the Court of fir