1. The main questions that arise for determination in these two connected matters are:

(1) When a property in "custodia legis", in the hands of a receiver appointed by a court is sold in court auction, without obtaining leave of court, is that sale valid; if not, can that sale be set aside under S.47 CPC. or only under Order XXI R.90 CPC.?

(2) Can a receiver maintain an application to set aside a sale under S.47 of the CPC.?

(3) Is an attachment effected in violation of Order XXI R.54(2) of the CPC valid?

2. The brief facts are these:

"Sangham", an air conditioned cinema theatre situated in about 75 cents of land in the heart of the Calicut Corporation, with all fittings and fixtures, was sold in court auction on 17-7-1978 for Rupees Twenty Thousand and ten subject to certain public and other charges. This sale is under challenge.

3. A money decree for Rs. 12,000/- and odd was obtained on 19-3-1976 in O. S No. 220 of 1973 on the file of the 1st Additional Sub Court, Ernakulam. While the suit was pending, there was an order for attachment before judgment on 19-9-1973 and it is said that the attachment was effected on 17-10-1973. An execution application was filed on 21-12-1977