ORDER OF REFERENCE

SUBBA RAO, C.J. :- This is a Civil Miscellaneous Appeal against the order of the learned Subordinate Judge, Visakhapatnam, dismissing the application filed by the appellant for setting aside the sale on the ground that he failed to furnish security within the time prescribed.

2. In execution of the decree in O. S. No. 38 of 1924 on the file of the Court of the Subordinate Judge, Visakhapatnam, the land in Allipudi, which was described as item I in the sale proclamation, was brought to sale and purchased by the 4th respondent. The appellant, who is the second judgment-debtor, filed an application under section 47 Civil Procedure Code, for setting aside the sale on the following grounds :

"(a) No amended decree copy has been filed into Court after the decree debt was scaled down in spite of the orders of the Honourable Court.

(b) There was omission of notice to the petitioner under Order 21, rule 66 (2) before the settlement of the terms of the sale proclamation as required by the Civil Procedure Code.

(c) The third judgment-debtor died on 5th June 1947, and

(i) His wife who is entitled to half the share of his property under the Hindu Married Womens Right to Pr