ORDER :- Civil Revision Cases 1219, and 1330 to 1332 of 1948 are directed against a decision of the Additional Judge of Alipore arising out of proceedings commenced under O. 21, R. 90 Civil P. C. The Rules were heard together. The relevant facts are as follows :

2. The Corporation of Calcutta brought a charge suit (Title Suit No. 291 of 1940) in respect of premises No. 12, Samsul Huda Road, against six brothers including Mahammad Hossain, Samsul Huq and Jiaul Huq on 19-6-1941. The suit was decreed in a preliminary form and on 2-2-1942 the decree was made final. On 26-7-1942, an execution proceeding (Title Execution Case No. 67 of 1942) was started. The property was sold by auction in execution of the decree on 20-1-1943 and purchased by Manmatha Nath Mukherji for a sum of Rs. 9000/-. It appears that on 26-4-1943, Mahammad Hossain applied for setting aside the sale. A similar application was made by Samsul Huq and another Judgment debtor on 20-12-1943. Both these applications which were under O. 21, R. 90, Civil P. C. were fought upto this Court but the applications were dismissed. Thereafter, Jiaul Huq another J.D. filed the present application on 24-9-1945 under O. 21, R. 90 for s

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