Mihir Kr.Jha, J.

1. Heard Mr. B.K. Shukla, learned Senior Counsel, on behalf Of the petitioner and Mr. Ajay Kumar Jain learned counsel for the Opposite party.

2. The defendant judgment debtor- petitioner has moved this Court against the order dated 3.5.2008 passed in Misc. Appeal No. 21/1995 affirming the order dated 26.8.1995, rejecting the prayer of the petitioner to set aside the sale in terms of Order XXI Rule 90 of the Code of Civil Procedure.

3. Facts which are not in dispute is that the plaintiff-decree holder-opposite party had filed Money Suit No. 27/1970 against the petitioner for realization of Rs. 1274/- which was decreed ex-parte by a judgment and decree dated 5.6.1972. It appears that subsequently after 7 years, an execution was levied vide Execution case no. 12/1979 by the plaintiff-opposite party being the decree holder and in course of execution proceeding, the Executing Court had allowed sale in favour of the plaintiff-decree holder for a sum of Rs. 2017.71 paise, whereafter it is said that delivery of possession was also effected on 6.1.1982 and the Execution Case was consequently finally disposed of on 16.6.1984.

4. The petitioner, the judgment debtor, h