Narayan, J.

1. This is a plaintiffs appeal arising out of a suit in which a declaration was sought that the execution sale of the properties which are the subject-matter of the suit was null and void and that the defendant firm had acquired no title to them by virtue of the purchase at the court sale. There was also a prayer for recovery of possession of the properties in question in case the plaintiff was found to be out of possession. The decree in execution of which the properties were sold had been obtained by the firm Pirthiraj Ganesh Das (the respondent in this appeal) against the firm Ganpatrai Balabux in Suit No. 56 of 1926 of the Original Side of the Calcutta High Court, and on leave having been obtained from that Court, according to the provisions of Sub-rule (2) of Rule 50 of Order 21, Civil P.C., and on the decree having been transferred to the Ranchi Court, it was executed in that Court against the appellant, and the properties in suit were sold on 3-9-1936 and purchased by the respondent firm who were the decree-holders. Thereafter this appellant filed an application under Order 21, Rule 90, Civil P. C., for setting aside the sale, but his application was dism