1. This second appeal raises two questions arising under the execution chapter of the Civil Procedure Code.—(i) construction and application of Or. 21, R. 57 (1); and (ii) construction of an order passed by an Executing Court dismissing an execution petition under that Rule on account of the default of the decree-holder. These two questions have arisen as between the appellant and the first respondent. Both are court auction purchasers of the self-same item of property belonging to same individual. They purchased the property at different times, in execution of different decrees against the same judgment-debtor. As between the two court auction sales, that in which the appellant purchased the property was prior in point of time. Although this was so in fact, the first respondent asserted his title as a purchaser under the subsequent court auction purchase on the score that the earlier auction sale in appellants favour was void. Both the Courts below accepted this contention and upheld the first respondents title to the property as against the appellants claim.

2. The question in this second appeal in whether the Courts below were right in holding that the earlier executi