( 1 ) IN this reference the facts are that on the 5th January, 1965, Title Suit No. 83 of 1959 in the Subordinate Judge's Court at Alipore for the recovery of money due on a mortgage bond was decreed. The decree-holder thereafter started execution proceeding, being Title Execution Case No. 2 of 1965. On August 4, 1965, the petitioner's first bid was not accepted. Two days later the petitioner's bid was accepted and the sale took place. The opposite party No. 1 on the 4th September, 1965, filed an application under Order 21 rule 90 of the Code of Civil Procedure in the First Court of the Subordinate Judge at Alipore which was registered as Miscellaneous Case No. 51 of 1965. was dismissed for default on the 7th May, 1966,and the sale was confirmed on the 10th May, 1966. The opposite Party No. 1 filed an application on May 17, 1996, under section 151 of the Code of Civil Procedure for reserving the order to dismissal for default made on the 7th May, 1996. Possession was delivered to the petitioner on the 31st May, 1966; but the application under section 151 was allowed, the order of dismissal was set aside and the Miscellaneous Case No. 51 of 1965 was restored to file by an order of t

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