JUDGMENT: This is an appeal from the order, dated 6-12-1956, passed by the learned Civil Judge (Senior Division). Jalgaon, below application Exhibit 27 in Special Darkhast No. 39 of 1954, by which the learned Judge rejected the application made by the judgment-debtor No. 6, for setting aside a sale. The application was made under Order 21, rule 90 of the Civil Procedure Code.

(2) It is common ground that, in execution of a decree in Darkhast No. 39 of 1954, a property belonging to the appellant has been sold, and the sale was confirmed on 18-4-1955. It is also common ground that respondent No. 2 is the auction-purchaser. The aforesaid application was made by the appellant under Order 21, rule 90 of the Civil Procedure Code for setting aside the sale. The main ground, on which the application was made, was that a notice under Order 21, rule 66, sub-rule (2) of the Civil Procedure Code had not been served upon the appellant. The facts are that, after the order for sale was made under Order 21, rule 64 Civil Procedure Code, an order for issue of notice to the appellant was made. However, that notice was not served personally upon the appellant. Instead the notice was served on one Trim

Click Here to Read the rest of this document