Anantanarayanan, J.

1. This is an appeal from the order of Ramachandra Iyer, J. (as he then was) in Application No. 2909 of 1960 in C.S. No. 263 of 1954 which itself was an application to set aside the order of the First Assistant Registrar made on 4th November, 1960 in Proclamation No. 6 of 1960 in E.P. No. 302 of 1959 settling the sale proclamation and directing sale of the properties. Very briefly stated, the learned Judge was of the view that in the absence of a judicial order directing she sale, the Officer (First Assistant Registrar) had no jurisdiction to proceed to tettle the proclamation for sale, and to issue the warrant of sale. The learned Judge-pointed out that the decree under execution was a money decree, and not a mortgage decree under which, by the force of the decree itself, there ought to be a sale. The learned Judge further observed that there was no actual order for sale in the record, the only order passed in the Execution Petition being one for attachment of properties. The learned Judge referred to the principle embodied in Order 21, Rule 64, Civil Procedure Code and also to Order 39, Rule 38 of the Original Side Rules. Though this rule modified the a