Venkataramana Rao, J.

1. This Civil Revision Petition arises out of an application made to set aside a sale of immovable property under Order 21, Rule 89, Civil Procedure Code. The sale was held on the 29th November, 1932. The property belonged to the first defendant who made no application to set aside the sale. It was purchased by the assignee decree-holder. The third defendant in the suit who is a mortgagee put in an application I.A. No. 616of 1932 on the 16th December, 1932, praying that a challan may be issued depositing in the Taluk treasury the amount mentioned in the said application.... In the application the purpose for which the challan was applied, the amount of the decree poundage-fee, the percentage of purchase money required for setting aside the sale under Order 21, Rule 89, the name of the purchaser and the fact of sale are all mentioned. The challan was accordingly issued, money was deposited and a receipt obtained from the treasury. The said receipt was filed in Court on the 21st December, 1932, with an application on behalf of the third defendant by his pleader. The application which was styled a memorandum ran thus:

The receipt obtained in the matter of t