( 1 ) IN execution of a decree obtained by the appellant against the respondent certain property of the respondent was put to sale. On the date fixed for the sale the executing Court passed an order staying the sale. A copy of the order was taken by the respondent to the Qurq Amin conducting the saie, and it is alleged that after reading it he returned it to the respondent and proceeded to sell the property. There were bidders including the appellant, who offered Rs. 1000/- and the sale was concluded ig his, favour. More than a month after the sale was held, me respondent filed a petition in the executing Court, the petition expressly purported to be under Order 21 Rule 90, c. P. C. He contended in the petition that the sale was illegal, that no proclamation was made at all with tne result that very few bidders were present and the property worth Rs. 30,000/- was sold to the appellant for Rs. 1000/-, that only his relations and friends were present as bidders, that the sale was held in spite of the stay order issued by the Court and communicated to the qurq Amin and was consequently null and void and that the sale ought to be set aside on account of material irregular