Kanhaiya Singh, J.

1. The civil revision and the Miscellaneous Appeal, relating to the same matter, have been heard together and will be disposed of by one judgment. They have been filed against the order refusing to set aside a sale held in execution case No. 1423/463 of 1955 in the court of the 1st Additional Munsif Arrah, in the following circumstances. Prior to the impugned sale, by consent of the parties, the executing court by its order dated 14-4-1956 allowed eight instalments for payment of the decree, the first instalment falling due on 15-6-1956. The order reads as follows:-

"By consent of Parties it is ordered that Rs. 32-12-0 the cost under the decree, be paid by 1-5-56 and the balance be paid in eight quarterly instalments the first seven of which shall be of Rs. 25/- each and the last shall be for the balance together with interest at 6 p. c. p. a. and the cost of the execution beginning from 15-6-56. On default of any of the instalments the D. H. shall be entitled to realise the entire amount due on such date at once by this execution. Sale is adjourned to 1-5-56 at 8 A.M."

The cost of Rs. 32-12-0 was duly paid by the judgment-debtor. The very first instalmen