Imam, J.

1. This is an application by the auction purchaser against the order of the Munsiff, 2nd Court, Monghyr, who set aside a sale as the full decretal dues with compensation had been deposited. The sale was held on the 29th April 1947 in execution of a decree for rent and at that sale the petitioner was an auction-purchaser not being the decree-holder. On the 30th May 1947 the opposite party judgment-debtors filed a petition to be allowed to make the necessary deposits. The deposit was actually made on the 31st May 1947. The judgment-debtors had filed a petition supported by an affidavit that the deposit could not be made on the 30th May 1947, as it had already become late after undergoing the procedure of deposit and by the time it was complete, the Registrar had already left the Court. The Munsiff having believed the petition of the judgment-debtors was of the opinion that the deposit made would be considered to have been made on the 30th May 1947, as he had ordered that the money sought to be deposited be accepted.

2. The petitioner, however, had taken an objection before the learned Munsiff to the effect that no formal application for setting aside the sale had bee