MALIK, CJ.:- This case has had a chequered history. One Badri Prasad had obtained a decree against Smt. Champa, Ram Kishen and Gaya Prasad. Gaya Prasad being a lunatic and Ram Kishen being a minor, they were sued under the guardianship of Smt. Champa, wife of Gaya Prasad. The suit was decreed and in execution of the decree, a house fetching a rent of Rs.25/- per mensem was sold at auction on 28-8-1940. The highest bid of Rs.2,425/- was of the appellants, Hira Lal and two others. The property was sold through a firm of auctioneers and not through the court Amin. The auction-purchasers deposited 25 per cent. on the amount of the purchase-money with the auctioneers appointed by the court. On 11-9-1940, they gave a cheque for the balance to the same auctioneers. The auctioneers, however, did not deposit the amount in court till 14-9-1940. On 5-9-1940, the judgment-debtors filed certain objections under O.21, R.90, Civil P.C. It was alleged that the property had been sold for a grossly inadequate price and the house was worth at least Rs.12,000/- to Rs.15,000/-.

It was also alleged that there were other irregularities in the publication and the conduct of the sale. These objections were dismissed by the executing court on 25-1-1941 and the sale was confirmed. The auction-purchasers filed an appeal which was dismissed on 15-7-1941 by the lower appellate court. There was an execution second appeal filed in this Court which was allowed on 7-10-1949. The order dated 25-1-1941 was set aside and the case was sent back to the trial court for consideration of the objection under O.21, R.90, Civil P.C.

On 19-11-1949 the judgment-debtors made an application that they came to know on 16-11-1949, while inspecting the record, that the auction-purchasers had not deposited the balance of the purchase-money within 15 days of the auction sale as required under O.21, R.85 of the Code and submitted that this objection could not be taken on 5-9-1940 when the previous objections were filed but the objection could be urged even without a former written application and they, therefore, prayed that the sale be set aside and this objection may be considered along with the other objections which had already been filed in court. On 24-2-1950, the lower court considered the objections of the judgment-debtors and as regards the applications dated 19-11-1949, the learned Munsif held that it should have been filed within 30 days under Art.166, Limitation Act, that it was barred by time and it could not, therefore, be taken into consideration.

As regards the other objections contained in the application of 5-9-1940, the learned Judge was of the opinion that the house was not worth more than Rs.4,000/- at the time when it was sold and it could not, therefore, be said that the price of Rs.2,425/- which it fetched was grossly inadequate. The other pleas of irregularity in the publication and conduct of the sale, it was held, were not proved and the application was dismissed on 24-2-1950. The judgment-debtors appealed. The lower appellate court did not go into the objections contained in the application of 5-9-1940 but held that the balance of the sale consideration not having been paid within 15 days and the provisions of O.21, R.85 being mandatory, there was no sale which could be now confirmed and allowed the appeal and set aside the order of the trial court. Against this order dated 3-4-1951, this second appeal has been filed.

2. A preliminary objection was taken by learned counsel for the judgment-debtor respondents that no second appeal lies. Learned counsel has relied on the provisions of S.104, sub-s. (2) of the Code. Section 104(2) is to the following effect:

"No appeal shall lie from any order passed in appeal under this section."

The appeal before the lower appellate court, it is urged, was under O.43, R.1(j) of the Code. Learned counsel has developed this argument further and has pointed out that the trial court refused to entertain the application of