1. The matter here concerns the execution of a decree for specific performance.

2. Execution, of a decree of specific performance having been applied for, notice was served upon the judgment-debtor. The judgment-debtor was proceeded against ex parte when he did not appear despite service. On the application of the decree-holder, thereafter, it appears, a Local Commissioner was appointed who executed a sale deed pertaining to the land, which was the subject matter of the decree. It was thereafter that the judgment-debtor filed an application under Sec.47 of Civil P.C. seeking the setting aside of the said sale deed on the ground that the draft of the document to be executed had not been served upon him and no opportunity had been afforded to him for filing objections to the proposed sale deed. The reference here being to the provisions of Order 21, Rule 34 of the Civil P.C. This objection prevailed with the trial Court where there provisions were held to be mandatory and the sale deed was consequently set aside and notice of the draft sale deed was ordered to be given to the judgment-debtor.

3. A reading of the impugned order of the trial Court would show that what appears t