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1935 Supreme(All) 199

Pokhar Singh – Appellant
Versus
Tula Ram – Respondent


JUDGMENT

1. This is a judgment-debtor's appeal from an order dismissing; an objection u/s 47, Civil P.C., to an auction sale. In execution of a simple money decree a house of the judgment-debtor-objector was attached, sometime before 13th December 1931. He did not appear at all to rile any objection to the attachment. Various, steps were taken and notices were issued under Order 21, Rule 50, for the judgment-debtor to appear at the time of the settlement of the terms of the-proclamation of sale; but he did not appear at all. Ultimately the property attached was sold on 19th January 1933, and purchased by the decree-holder. Before however the sale could be confirmed, the judgment-debtor on 18th February 1933, filed an application under Order 21, Rule 90, praying for the setting a side of the sale on the ground of certain irregularities and fraud in conducting and publishing it. Later, on 27th April 1933, but before the sale could be confirmed, he filed another application u/s 47, Civil P.C., objecting to the sale on the ground that the property was the house of an agriculturist and was exempt from attachment and sale u/s 60, Civil P.C. The Court below has dismissed this objection sum

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