CHANDRA REDDY, C. J.

( 1 ) THIS civil miscellaneous second appeal was referred by Ranganadham Chetty J. to be heard by a Bench, as he thought that it raises an important question relating to the interpretation of Order 21, Rules 54 and 57, C. P. C.

( 2 ) THE appellant is the purchaser of the properties in dispute in a Court auction. These properties were brought to sale in execution of a decree obtained by the predecessors-in-interest of the appellant in O. S. No. 102 of 1948.

( 3 ) THE subject-matter of the appeal, which is land of an extent of Ac. 6-95 cents, was attached by the plaintiff in that suit before judgment and notice of the attachment was served on the respondent. The respondent had in his favour an agreement of sale of this property executed by the judgment-debtor and other members of his family on 5-3-1948, i. e. , mote than six weeks before the institution of O. S. No. 102 of 1948. He obtained a sale deed in respect of this land on 2-6-1948.

( 4 ) O. S. No. 102 of 1948 was decreed on 6-10-1948. Thereafter, the decree holder filed E. P. No. 116/49 for sale of this property and this was dismissed on 17-10-1949 for default of the decree holder. The next E. P. also shar

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