Narayan, J.

1. This application is directed against an order of the Munsif 1st Court, Patna, to the effect that a miscellaneous case filed by the judgment-debtors for setting aside an execution sale should be deemed to be pending. The case was a case instituted under the provisions of Rule 90 of Order 21, Civil P. C., and the judgment-debtors of the execution case were the applicants. The decree-holder and the auction-purchaser were impleaded as opposite parties nos. 1 and 2, respectively. The case proceeded to a trial, but on 21-7-1951 a petition of compromise was filed by the judgment-debtors and the auction-purchaser, the terms whereof were as follows: (1) That the execution sale dated 15-7-1950 will be set aside on the judgment-debtors paying Rs. 80.00 to the auction-purchaser Bhagwat Saran Singh by 26-7-51. (2) That the decree-holder having been paid the amount of the decree out of the sale proceeds the balance of the amount deposited by the auction-purchaser and lying in deposit will be withdrawn by the auction-purchaser. The prayer in this petition was that the auction sale dated 15-7-1950 "be set aside in terms of the petition of compromise on payment as stated abov