Sadasiva Aiyar, J.

1. The decree holder and the Court auction-purchasers are the appellants before us.

2. The application under Order XXI, Rule 89, to the lower Court to set aside the Court auction sale was made jointly by the judgment debtors and persons who purchased the property from them privately after the Court auction sale.

3. The short question for decision in this case is whether a private purchaser from the judgment-debtor after the date of the Court auction sale but before the Court auction sale was confirmed can apply under Order XXI, Rule 89, (old Section 310-A) to have the Court auction sale set aside and if he cannot come in, can the judgment debtor do so.

4. The question may also be formulated in extenso as four separate questions thus :

1. Does such a private purchaser come within the meaning of the expression "person owning such property" in Order XXI, Rule 89? In other words, does the fact of the existence of the unconfirmed Court auction sale prevent the subsequent private purchaser from "owning the property," that is, becoming the owner thereof by such purchase?

2. Even if he is a person "owning the property," as he did not own the property on the date of the