HARRIES, C.J. :- This is an appeal from an order of a learned Subordinate Judge of Asansol, dismissing an application to set aside a sale. the application was made under Ss. 47 and 151 Civil P.C.

2. To appreciate the points in issue it will be necessary to state the facts in some detail.

3. Nagarmull Rajgharia, now deceased, whose personsl representative has been brought on the record as respondent in his stead, obtained a decree in Suit No. 1518 of 1923 on the Original Side of this Court. The decree was eventually transferred for execution by this Court to the Court of the Subordinate Judge at Asansol through the District Judge of Burdwan. A certificate of non-satisfaction under S. 41, Civil P.C., was sent by this Court which was transmitted to the Asansol Court, the decree-holder Nagarmull Rajgharia commenced Money-Execution case No. 296 of 1931 in the Court of the Subordinate Judge at Asansol, but that case was eventually dismissed for default on 27th February 1932. The Court at Asansol sent what purported to be a certificate of non-satisfaction under S. 41, Civil P.C., to this Court and it is to be observed that the decree was never again transferred to the Court at Asan