R.K.Choudhary, J.

1. This application in revision is by the claimant applicant against the judgment and the order of the Additional District fudge of Darbhanga in Miscellaneous Appeal No. 6 of 1955 reversing those of the Munsif, first court there, setting aside a sale held on 13-11-1954.

2. The short facts are these, one Musammat Singhasan Thakurain obtained a money decree for maintenance for the years 1358 to 1360 Fasli against the judgment-debtors-opposite second party. That decree was purchased by the opposite first party (hereinafter to be referred to as the decree-holder) by a sale deed dated 17-7-1953, who started execution of the same in Execution Case No. 137 of 1953 in the court of the Munsif, first court, Darbhanga. By his execution petition, he sought to recover a sum of Rs. 477/8/-, but on calculation by the office, the decretal dues came to be Rs. 468/7/- only, and, accordingly, the sale, proclamation was issued for recovery of the latter amount.

On 11-2-1954, the petitioner preferred a claim under Order 21, Rule 58 of the Code of Civil Procedure which gave rise to Miscellaneous Case No. 20 of 1954. It was dismissed on 24-8-1954. On 21-9-1954, an application wa