N.L.Untwalia, J.

1. This is a miscellaneous second appeal by the judgment-debtors against the concurrent decision of the Courts below refusing to set aside a sale, held on the 8th of June, 1955, at their instance.

2. A preliminary objection has been raised on behalf of the decree-holder respondent that no second appeal lies to this Court. This objection is made on the ground that the application, strictly speaking, was under Order XXI, Rule 90 of the Code of Civil Procedure, and, therefore, no second appeal lies. There seems to be some difficulty because of the provisions of Sec.102 of the Code of Civil Procedure also, but, since on merits, I am going to dismiss the appeal, I do not decide this preliminary objection.

3. Three points were pressed before me by Mr. S.C. Mukherjee, learned Counsel for the appellants. I shall go on stating them and discussing them one by one.

4. The first contention is that the decree in question had been obtained from the Subordinate Judge, 1st Court, Muzaffarpur, exercising his powers under the Provincial Small Cause Courts Act; and there was no order by that Court transferring this small cause courts decree to its ordinary original civil side