JUDGMENT :

Sikri, J.

1. This appeal by special leave is directed against the judgment of the Patna High Court, dated December 4, 1963, allowing a revision under Section 115. Civil Procedure Code, against the order of the Munsif, First Court, Chapra dated January 10, 1963 and directing that the orders dated April 16, 1962. and May 21, 1962, passed by him be recalled, thereby setting aside the sale.

2. The learned counsel for the appellant, Mr. B.P. Jha, submitted three propositions before us: (1) That on the facts the High Court had no jurisdiction under Section 115, Civil Procedure Code, to set aside the orders; (2) That a petition under section 151, Civil Procedure Code, was not maintainable in law for the reason that the Court had become functus officio; and (3) That, as the sale had become absolute under, Order 21, Rule 77 (2), the sale could be set aside only under Order 21, Rule 78 , Civil Procedure Code, and Order 21, Rule 58 did not apply to the facts of the case because admittedly the petition was filed by respondent No. 1 who had been held to be the judgment-debtor.

3. In order to appreciate the points raised before us it is necessary to set out the facts out of which this ap