( 1 ) THIS revision petition, at the instance of the decree-holder, is against the order holding that the application under Order 21 Rule 58 CPC is maintainable.

( 2 ) IN the course of the execution proceedings the sale was confirmed on 19-9-1983. The respodents herein filed a claim petition on 26-9-1983. The court below relying upon the decision in M/s. Magunta Muting Company vs. M K. Reddy, 1983 (1) APLJ 2671983 (1) ALT 349. held that the application under order 21 Rule 58 CPC is maintainable though the sale was held prior to the filing of the application.

( 3 ) THE learned counsel for the petitioner contends that the application under Order 21 Rule 58 CPC is not maintainable after the sale is held in view of the mandatory terms of proviso to Order 21 Rule 58 CPC. The learned counsel for the respondents seeking to sustain the judgment of the court below relied upon the observations of this court in 1983 (1) APLJ 267. Order 21 Rule 58 C. P. C. is as follows : "58. Adjudication of claims to. or objections to attachment of property. (1) Where any claim is preferred to or any objection is made to the attachment of, any property attached in execution of a decree on the ground that such property is not liable to such attachment, the court shall proceed to adjudicate upon the claim or objection in accordance with the provisions herein contained : provided that no such claim or objection shall be entertained (a) where, before the claim is preferred or objection is made, the property attached has already been sold ; or (b) where the court considers that the claim or objection was designedly or unnecessarily delayed. Order 21 Rule 59 empowering the court to grant sale pending the claim petition is as follows :"59. Stay of sale : Where before the claim was preferred or the objection was made, the property attached had already been advertised for sale, the court may. (a) if the property is moveable, make an order postponing the sale pending the adjudication of the claim or objection, or (b) if the property is immoveable, make an order that, pending the adjudication of the claim or objection, the property shall not be sold, or, that pending such adjudication, the property may be sold but the sale shall not be confirmed. "order 21 Rule 58 CPC enables the third party to seek release of the attached property in the course of execution of the decree founded upon the interest, right or title in the property. The proviso precludes the court from entertaining the application if the property attached is already sold before the claim is presented or if the application is belated. As against the order declining to entertain the application the remedy by filing a suit is provided in clause 5 and the right to the property can be established in the suit and the proceedings declining to entertain the claim and the consequential proceedings of sale or otherwise are subject to the result in the suit. The amendment to cpc brought in its train radical changes in Order 21 Rule 58 namely the embargo upon the maintainability of the application in the contingencies visualised under the proviso and the right of the claimant to raise questions of title and provision of appeal as against the order on merits in the claim petition. Order 21 Rule 59 provides a safeguard against sale or confirmation of sale of the attached property during the pendency or the claim petition. At the stage when the attachment property is advertised for sale the court is empowered to grant stay of sale or confirmation of sale having in view the circumstances set out in Rule 59. Order 21 Rule 59 CPC cannot be pressed into service when the sale is held before the attachment as the proviso to R. 58 is attracted to such a situation. It is only at the stage of advertisement tor sale Rule 59 can be invoked and when the sale is held anterior to the filing of the claim the question of stay of confirmation of such sale much less the sale does not arise. The operation of proviso to Ru