1. The question at issue in this appeal is whether the sale of certain properties held on the 15th September 1939, in an execution case was a nullity and without jurisdiction because no notice was issued or served against the judgment-debtor under the provisions of Order 21, Rule 22, Code of Civil Procedure.

2. The case of the plaintiff appellant is that no notice under O, 21, Rule 22, Code of Civil Procedure, was issued at the instance of the decree-holder. It appears that Ramjanam Mallah, the respondent, had obtained a decree against Sukhdeo Gond and his two sons. Ramjanam Mallah put the decree in execution and it appears from the order sheet that he made a prayer that notice under Order 21, Rule 22, and attachment should issue simultaneously. The executing Court, however, ordered that notice "under Order 21, Rule 22, need not be issued and only attachment should be issued.

Later on the appellant Sukhdeo Gond appeared in the execution case and filed objection under Sec. 60, Code of Civil Procedure, and Ss. 13, 14 and 15 of the Money-tenders Act. The parties adduced evidence in the matter and the executing Court released two plots under attachment and sale as prayed for by