( 1 ) THIS appeal is directed against an order, dismissing an application under Order 21, Rule 90 of the Code of Civil Procedure, on the ground that applicant had no locus standi or right to apply for having the sale set aside.

( 2 ) IT appears that the respondent Charu Chandra Pal, obtained a money decree against the principal debtor Burdwan Fisheries and Industries Ltd. , and the guarantor one Somen Roy, the Managing Director of the principal debtor Company.

( 3 ) THE decree was put to execution in money-execution case No. 18 of 1955

( 4 ) ON 20th December, 1955, sale proclamation was ordered to issue, fixing 15th February, 1955 for Sale.

( 5 ) ON 15th February, 1955, an application described as, "petition on behalf of the judgment-debtor", was filed praying for adjournment of the auction-sale, on the plea, that given one month's time the decree-holder would be paid up. On that application, the auction-sale was adjourned till 14th March, 1956. No payment towards satisfaction of the decree was, however, made. Thereafter, on 14th March, 1956, 3rd April, 1956 and 30th April, 1956, similar applications were filed, on behalf of the judgment-debtor, each time wai