A bona fide purchaser for value is not affected by mistakes or irregularities committed in a Court of law.

1. This application in revision is preferred on behalf of the judgment-debtors against an order of the Subordinate Judge, 2nd Court, Patna, dated 26-6-1950, in an execution case.

2. An appeal has also been filed against the same order as a matter of precaution.

3. On 18-9-1926, the opposite party decree-holders obtained a mortgage decree which was later confirmed by the High Court in appeal. Several execution cases were taken out; but the last execution case was instituted in the year 1942. This was Execution Case No. 27 of 1942 in which the decree-holders claimed the sum of Rs. 2,749 and odd from the judgment-debtors concerned. The judgment-debtors preferred objections under Sec. 47, Civil P. C. on the ground that the execution of the decree was barred by limitation, and that no valuation was fixed under the Money-Lenders Act. The objections were overruled by the executing Court. Against this order, the judgment-debtors filed Misc. Appeal No. 31 of 1943 in the High Court. While the appeal was pending in the High Court, the properties were sold in execution on 14-5-1943, for a sum of Rs. 1,383/-. On 15-12-1944, the miscellaneous appeal was taken up for hearing in the High Court, On that date, the following order was passed:

"By consent of parties, the decree under execution will be executable for Rs. 2,200.00 only which includes interest and costs up-to-date. In default of payment, this amount will carry interest of 6 p. c. p. a.".

It is important to state that, on 26-2-1946, the decree-holders obtained delivery of possession through the Court of the properties which had been sold. It appears that, on 29-11-1948, the judgment-debtors deposited the money according to the terms of the consent order dated 15-12-1944. Shortly after, that is, on 22-2-1949, the judgment-debtors applied to the executing Court for being restored to possession of the lands which had been sold and of which the decree-holders had taken possession by a writ. This application was rejected by the Subordinate Judge, 2nd Court Patna, on 26-6-1950.

4. When the argument commenced, Mr. Lalnarayan Sinha conceded that the order passed by the Subordinate Judge was not an order under Sec.144, Civil P. C., nor was it an order under Sec. 47, Civil P. C. Counsel very properly, conceded that the order was one passed by the learned Subordinate Judge in exercise of his inherent jurisdiction under Sec.151, Civil P. C. In this view of the matter, it must be held --and learned Counsel conceded this point -- that me appeal is incompetent, and must, therefore fail.

5. As regards the revision application, the point taken by Mr. Lalnarayan Sinha is that the consent order dated 15-12-1944, has not been rightly construed by the learned Subordinate Judge. The contention of learned Counsel is that, as a matter of necessary implication, it ought to have been held that, by virtue of the consent order, the decree-holders agreed that the sale of the properties which had taken place on 14-5-1943, would be set aside, and the judgment-debors, on their part, agreed that they would pay the sum of Rs. 2,200.00 which included interest & costs up to 15-12-1944, on which date the consent order was passed. There is a provision in the compromise order that, in default of payment, the judgment-debtors would be liable to pay interest at six per cent. per annum on the amount of Rs. 2,200/-.

The contention of Mr. Lalnarayan Sinha on this point has great force; but, for the reasons which we shall presently state, we do not propose to decide this question as to the interpretation of the order dated 15-12-1944, in the present case. We also refrain from commenting on the question whether the judgment-debtors were entitled to make the deposit of the amount due under the terms of the compromise on 29-11-1948, several years after the passing of the consent order. These matters should be left for being determined in a proper suit which the petitioners may institute.

6. It was pointed out by Mr. T. P.