[FULL BENCH]

Present : Bertram C.J., De Sampayo J., and Garvin A.J.

ABDULLA v. MENIKA et al.

295-C. R. Colombo, 23,

Execution-Fiscal's sale-Confirmation of sale after decree was set aside in appeal-Is confirmation of sale a step in execution t- Confirmation after lapse of several years.

Per BERTRAM CJ. and DE SAMPAYO J., dissentiente GARVIN A. J..- The confirmation of a sale is part of the execution proceedings, and a sale is not complete until it is confirmed.

A Court cannot confirm a sale held in execution of a decree which has been set aside in appeal after the sale and before its confirmation.

THE facts are set out in the judgment.

H. V. Perera, for purchaser, appellant.-The question is whether the Supreme Court may confirm a sale in execution of a decree after the decree was set aside in appeal. De Mel v. Dharmaratne,[1] which decides that the Court has no power to confirm the sale after the decree was set aside, was wrongly decided. That decision, as well as the earlier decision to the same effect in Idroos Lebbe v. Meera Lebbe, [2] is based on two Indian. cases: 2 Bom. 540 and 10 All. 83. The latter Indian case is dist