JUDGMENT

Nasim Ali, J. - The respondents obtained against the appellants a final mortgage decree on 28th February 1939. In execution of this decree the mortgaged properties were sold on 6th July 1940. The sale has not yet been confirmed nor have the decree-holders, who were the purchasers, obtained possession. On 19th September 1940, the appellant made an application for relief u/s 36, Bengal Money-Lenders Act. The Subordinate Judge thereupon reopened the decree and has directed the amount which is legally recoverable in view of the provisions of the Bengal Money-Lenders Act to be paid by ten annual instalments. He has further directed that further proceedings in the execution case to be kept in abeyance. The judgment-debtor has appealed to this Court. The decree-holders have also filed cross-objections. The only contention of the appellant in this appeal is that the Subordinate Judge should have set aside the sale. The argument in support of this contention is that the final mortgage decree in execution of which the property was sold having been set aside and the decree-holders themselves being the auction purchasers the sale has been automatically set aside on general principles o