( 1 ) THIS is a Letters Patent Appeal against the Judgment of panchapagesa Sastri, J. , dismissing the appeal filed against the judgment of the learned Subordinate Judge of Bapatla confirming that of the District Munsif of ongole in a suit for declaration and injunction, or in the alternative, for possession. The 1st defendant obtained a decree against the 2nd defendant in Small Cause suit No. 617 of 1936 on the file of the District Munsif s Court, Ongole. In execution of that decree the plaint schedule property was attached and brought to sale. Before the sale, the 3rd defendant preferred a claim petition E. A. No. 787 of 1941 setting up title to the same. Though the judgment-debtor was made a party to the application, no notice was taken to him. Arguments in the claim petition were heard on 21st July, 1941, but orders were pronounced only on 25th July, 1941, allowing the claim. On 2 1st July, 1941, notwithstanding the pendency of the claim petition, the auction sale was held and the 1st plaintiff purchased the property.

( 2 ) ON igth August, 1941, the 3rd defendant filed an application under section 151, Civil Procedure Code, praying that the sale may be cancelle