( 1 ) THIS Rule was issued at the instance of the petitioner/ decree-holder and is directed against an appellate Order passed in Misc. Appeal No. 62 of 1979 reversing the order of the trial Court it Misc. Case No. 48 of 1976 arising out of in application under Order 21, Rule 90 of the Civil P. C. The application under Order 21, Rule 90 of the Code was filed by the opposite party No. 1 on 22-9-1976 for setting aside a sale held on 1-7-1968.

( 2 ) THE facts leading to the filing of the application under Order 21, Rule 90 of the Civil P. C. may be briefly stated thus.

( 3 ) ONE Gopal Chandra Chakraborty was the owner of 3 1/2 cottahs of land with a three storeyed building standing thereon, being premises No. 372/5, Russa Road South, subsequently renumbered as 3, Deshpran Sashmal Road, Gopal Chandra obtained a loan of Rs. 30,000/- from Metropolitan Insurance Company Limited. The decree-holder Nakul Chandra Dutta instituted Suit No. 459 of 1952 against opposite party No. 3 Panchanan Chakraborty for recovery of a loan of Rs. 6,000/- with interest in the original side of this Court and obtained a decree for Rs. 9,000/- inclusive of interest. Gopal Chandra, father