( 1 ) THE facts and circumstances in which this Letters Patent Appeal under Clause 10 of the Letters Patent against a decision of Tare J. has been filed are that in execution proceedings of a money decree against the respondent-judgmentdebtors certain property belonging to the judgment-debtors was sold and purchased by the second appellant Rajaram Thereupon, the judgment-debtors filed applications under Order 21, Rule 90 of the Code of Civil Procedure as also under Section 47 of the Code for setting aside the sale. On 5th February 1965 those applications were dismissed by the executing Court for default of appearance of the judgment-debtors. Thereafter, on the same day the judgment-debtors filed applications for restoration of their applications under Order 21, Rule 90 and Section 47 of the Code of Civil Procedure. These applications were also rejected by the District Judge, Sagar, by an order passed on 11th February 1966. The judgment-debtors then filed a revision petition in this Court which was summarily dismissed on 24th February 1966.

( 2 ) THE judgment-debtors then preferred an appeal in this Court against the order dated 11th February 1966 of the District Judge