A sale in execution of a decree cannot be set aside on the ground of irregularity if substantial injury has not been caused to the judgment-debtor.

1. - This appeal has been preferred against the judgment pas-red by the learned Additional District Judge, Bhilwara dated 17-5-1978. Briefly stated the facts of the case giving rise to this appeal are that in a decree passed in favour of respondent Jorawar Singh against Smt. Radhadevi, the decree-holder filed an execution petition under Section 47 read with Order 21 Rule 90 Civil Procedure Code. Smt. Radha Devi in that execution proceedings filed objection petition to the effect that the land being beyond urban area is not liable to be attached That petition was dismissed by the Executing Court & being aggrieved by that order Radha Devi find an appeal in the Court and that appeal having been accepted the case was remanded to the District Court with the directions that the nine issues framed by this Court may be decided after giving opportunity to the parties to adduce evidence for the fame The Additional District Judge, Bhilwara examined the witnesses produced by the parties and deciding various issues rejected the objection petitions of Smt. Radha Devi and passed the judgment under appeal.

2. The learned Counsel for the appellant has assailed the findings of the learned Additional District Judge on three grounds The first ground raised is, that while deciding issue No 4 the learned Additional District Judge has arrived at a conclusion that the auction bid was adjourned for more than 4 days, still he in contravention of the settled position of law, that an adjournment of the auction for more than seven days cannot be done without a fresh proclamation unless waived by the judgment-debtor, held the auction valid.

3. The learned Counsel for the respondent controverting this argument submitted that despite the fact that adjournment was for more than seven days sale is not liable to beset aside because Rule 90 of Order 21 specifically provides that no sale shall be set aside on the ground of irregularity if substantial injury has not been caused to the judgment-debtor.

4. The perusal of the record shows that while deciding issue No. 2 the learned Additional District Judge has stated all the dates on which the auction took place and calculating the time arrived at a conclusion that the adjournment was of course for more than 7 days but he in lieu of the provision of Rule 90 of Order 21 decided that no substantial injury has been earned to the judgment-debtor by this adjournment and therefore, he on this ground alone and in my opinion correctly, did not consider it a fit case in which the sale may be set aside. I am strengthened in my opinion by the principle enunciated in the case of Maliram Nemichund Jain v. Rajasthan Financial Corpn. 1974 RLW 94 . In that case reliance has been placed on the observations of their Lordships of the Supreme Come in the case of Radhey Shyam Singh v. Shram Bhari Singh ( AIR 1971 Supreme Court 2337) . In the Supreme Court case it has been observed as under:

Mere proof of a material irregularity such as the one under Rule 69 and inadequacy of price realised in such a sale, in other words, injury, is, therefore not sufficient. What has to be established is that there was not only inadequacy of the price but that inadequacy was caused by reason of the material irregularity of fraud. A connection has thus to be established between the inadequacy of the price and the material irregularity.

In view of this position of law the finding of the learned Additional District Judge on that point that this irregularity in adjourning the auction for more than seven days will not nuke the sale liable to be set aside is not to be interfered with.

5. The second ground of attack by the learned Counsel for the appellant on the judgment under appeal is that the decision regarding issue No. 7 dealing with the point of the bidder not being allowed to bid at the auction unless he deposited 25% of the bid amount. According to the learned Counsel there is on record an application by one Banshilal 61ed before the learned Addi