S.J.Mukhopadhaya, J.

1. The appellants-petitioners have challenged the judgment and order dated 14th of February, 1984 passed by learned 1st Additional district Judge, Gopalganj in Misc. Appeal No. 52/84 and 35/87. By the impugned judgment the appellate Court affirmed the order dated 12th of May, 1984 passed by the learned Munsif, Gopalganj in Misc. Case No. 12/82.

2. The plaintiff-opposite party No. 1 filed Money Suit No. 211 of 1974 against one Swami Nath Rai, defendant-Opposite Party No. 2 and his donees, i.e. defendants-Opposite Party Nos. 3 to 5. Thereafter the plaintiff-opposite party No. 1 filed an application under Order XXXVIII, Rule 5 of the Code of Civil Procedure for attachment of the property of the defendants. An order was passed by the trial Court on 19th of December, 1974 for attachment of the property, which was confirmed.

3. According to the appellants-petitioners, such order dated 19th of December, 1974 was so passed without complying the provision and procedure of Sub-rule (1) of Rule 5 under Order XXXVIII of the C.P.C. and subsequently auction sale was made on 25th of May, 1981.

4. The appellants-petitioners claimed that Swami Nath Rai, the defendant-op