( 1 ) THIS appeal is directed against an order dated 21-5-1976 passed by I Additional Civil Judge, kanpur allowing the objection of the judgment-debtor under Order 21, Rule 90 C. P. C. and setting aside the auction sale with respect to House No. 36/47 Ram Mohan ka Hata and House no, 128/142 Dwarikadhish Road, Kanpur,

( 2 ) ONE Ram Dutt Kajriwal brought a suit (Suit No. 1055 of 1952) against Purshottam Das Poddar at Calcutta and obtained an ex parte decree against him for Rs. 56,975 on 20-3-1952. The decree-holder got his decree transferred to the Court of I Civil Judge, Kanpur for execution. There he gave an application and prayed for attachment of three houses, namely, 36/47, Ram mohan Ka Hata, 28/142 and 28/136 Dwarikadhish Road, Kanpur. In this case we are not concerned with the last mentioned house. The first two houses were attached by the Court Amin on 26-3-53. The judgment-debtor Purshottam Das Poddar filed an objection against the attachment under Order 21, Rule 54 C. P. C. and at the same time requested the Court to stay the sale of the attached houses. The Court, however, did not stay the same, instead it passed an order that the confirmation of the sale wo