ORDER :- This revision has been filed against the appellate order and proceedings arising out of an application under Order 9, Rule 13 of the Code of Civil Procedure for setting aside the order of sale made under Section 2 of the Partition Act.

2. A suit for partition of a house was filed. The plaintiff applied that as the house was too small to be partitioned it should be sold and proceeds distributed under Section 2 of the Partition Act. The Munsif on that application directed the sale of the house and the house was sold in auction. Smt. Chandravati the present applicant, purchased the property. On coming to know of the sale the defendants applied under Order 9, Rule 13 of the Code of Civil Procedure for setting aside the order of sale. Learned Munsif dismissed the application holding that the application was not maintainable as preliminary and final decrees had already been passed in the case. The defendants went up in appeal. The learned District Judge reversed the finding of the trial Court, held that the application was maintainable and set aside the order of sale as well as the sale itself and directed the cancellation of the sale certificate. Against that order the auction p

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