Imam, J.

1. The only question involved in the present application is as to whether an application under Sec.151, Civil P. C. could be filed to set aside an order passed on an application filed under Order 21, Rule 90, Civil P. C. It appears that on 18-6-1951, an ex parte order in Miscellaneous Case No. 27 of 1951, arising out of Bent Execution Case No. 143 of 1937. was passed setting aside a sale held in execution of a decree. It was to set aside this order that an application under Sec.151 of the Code was filed on 1-8-1951.

It is unnecessary to mention in detail as to the course which the litigation took as between the parties. It is enough to say that the Munsif on the merits came to the conclusion that "naked" fraud had been played in getting the notices and postcards served in Miscellaneous Case No, 27 of 1951. The Munsif also came to the clearest finding that the petitioners before him came to know for the first time of the existence of Miscellaneous Case No. 27 of 1951 when the opposite party before him filed their written statement in Title Suit No. 61 of 1949. and that was on 28-7-1951. He also came to the conclusion that after the Title Suit No. 61 of 1949 had been