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M.L.MALIK
Trilokchand Jain – Appellant
Versus
Heeralal – Respondent
The facts may be briefly stated Lalchand (respondent No.2) obtained a preliminary decree for sale on the basis of a registered deed of mortgage dated 11-12-1954 in Civil Suit No. 43-A of 1964, against the mortgagor Heeralal (respondent No. 1) on 31st August, 1965. The mortgagor was directed to pay Rs. 7,000/- within two months, failing which Lalchand was entitled to apply for the decree being made final.
2. While Heeralal preferred an appeal against the preliminary decree, the trial Court made the decree final on 2-11-1965 on his failing to pay the decretal amount. Lalchand in execution of the final decree, got the mortgaged house sold. Kishanchand (the present petitioners are his legal representatives) purchased the house on 30-6-1966.
3. Heeralal then preferred an objection under Order 21, rule 90 of the Code of Civil Procedure. The same was dismissed on 5-5-1967 by the executing Court. The sale would have been confirmed immediately after the objection of the Judgment-debtor under Order 21, rule 90 CPC was dismissed but the confirmation of sale having been stayed by the appellate Court healing the appeal against the preliminary decree, the order confirming the sale coul
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