JUDGMENT

Maclean, C.J. - This case comes before me u/s 575 of the CPC by reason of a difference of opinion between Mr. Justice Ghose and Mr. Justice Brett. The facts are not in dispute, and the point is really a very short one. Certain property in certain execution proceedings was put up for sale on the 22nd May 1900 and purchased, as I understand, by the decree-holder. On the 25th May the Munsiff held that there was no sale by reason of certain irregularities, a on the 26th May the judgment-debtor deposited in Court decretal amount with cost Section On the 29th May the execution case was struck off. The decree-holder, the purchaser, appealed, and on the 2nd August 1900 the order of the Munsiff setting aside the sale was reversed and the sale was held to be a good one. The judgment-debtor filed a second appeal against that decision on the 15th August 1900. On the 5th September 1900 that appeal was dismissed u/s 551 of the Code. On the i2th September an application was made by the judgment-debtor to set aside the sale u/s 310A on his depositing the five per cent, on the purchase-money necessary under that section. That application was rejected by the Munsiff, upon the ground that the