These appeals arise out of the order of the, Subordinate Judge of Sivaganga in E.P. No. 100 of 1949 in O.S. No. 53 of 1949, dated 16th July, 1952. It is a matter of some doubt whether the order in question is one that comes directly under the provisions of section 47 of the Civil Procedure Code; but in any event there is the Civil Revision Petition filed alternatively and if we are convinced that the learned Judge has not exercised the jurisdiction vested in him by law, then we have to set it aside.

In execution of the decree in O. S. No. 53 of 1949 in the Sub-Court, Sivaganga, three items of properties were attached before judgment and they were proclaimed for sale to be held on 17th June, 1952. The order of the Court to the officer conducting the sale was to the effect that he should sell in auction sufficient portions of the properties attached before judgment on 17th June, 1952, and that he should certify the manner in which the auction was held and if none was held, the reason for the same and return the warrant on or before the 23rd June, 1952. The sale warrant is therefore clear that the sale was to be held on 17th June, 1952, and the warrant has to be retur