Judgement

28 Law. Rep. 72 Ind. App. 287 ( 1944- 1945) Raja Bommadevara Naganna Naidu B.Z. Garu V. In Re.

Appeal (No. 8 of 1942) from a judgment and decree of the High Court (January 23, 1940) reversing a judgment and decree of the court of the Subordinate Judge of Ellore (April 16, 1937).

The following facts are taken from the judgment of the Judicial Committee. This appeal arose out of an application by the appellant, who was a judgment-debtor, to set aside a court sale of six items of property belonging to him which had been sold in execution of the decree in Original Suit No. 38 of 1919 in the Court of the Subordinate Judge of Ellore, obtained against him by the first respondent, the decree-holder. This appeal related only to three items of the properties, being items 4, 5 and 6, specified in the sale proclamation. At the sale the properties were purchased by the decree-holder himself. The application to set aside the sale was made under Or. 21, r.90, of the Code of Civil Procedure, which empowered the court to set aside a sale on the ground of a material irregularity or fraud in publishing or conducting it. That power of the court was subject to the proviso that no such sale be