This appeal raises an interesting question as to whether an execution sale of immovable property to a stranger-purchaser has got to be confirmed tinder Order 21, rule 92, Civil Procedure Code, notwithstanding the fact that the decree, in execution of which the sale took place, had, before its confirmation, been modified on appeal therefrom, with the result that on the date of the sale, the decree remained over-paid and nothing was due under the same. In such circumstances, the lower Court declined to confirm the sale on the view that, on the date of the sale, nothing was due to the decree-holders for which they could put up the property for sale. Aggrieved by that order, the stranger-purchaser has filed this appeal.

On 31st March, 1954, in Suit No. 17 of 1941, the Joint Civil Judge, Nadiad, passed a decree for Rs. 39,878-7-9 with costs in favour of Santha Bai and Dave Bhavani Sankar and against three defendants, Dave Jetharam Jebhai (deceased), Dave Ganpatram Jetharam and Dave Jayadevlal Jetharam. By E.P. No. 133 of 1955, on the file of the City Civil Court at Madras, the house and ground No. 8, Ragunayakalu Street, Park Town, Madras, was sold for Rs. 15,000 in execu