BEACHCROFT, ASUTOSH MOOKERJEE
Shamsher Ali – Appellant
Versus
Jagarnath Thirain – Respondent
JUDGMENT
1. We are invited in this appeal to set aside an order granting an application for review of judgment. The appellant applied on the 6th December 1910 for reversal of an execution sale held on the 9th November 1910. The sale was set aside on the 6th December, upon payment of the sums mentioned in Rule 89 of Order XXI of the Code of 1908. The auction purchaser was dissatisfied with this order and preferred an appeal to the District Judge. The appeal was dismissed on the 6th April 1911. On the 16th May following an application was made for review of this order; it was however, presented before the Subordinate Judge as the District Judge was absent from the station. The Subordinate Judge received the application, registered it and directed notices to issue to the opposite party. Later on, the District Judge returned and passed various orders relating to the postponement of the case and analogous matters. Before the application could be heard on the meris, the learned District Judge unfortunately died His successor took up the matter on the 6th January 1912 and set aside the order of the 16th December 1910; three days later, in accordance with this order, the sale was confirmed.
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