Hazari Lal Labh vs Abdus Samad and others

Wort, J.—There can be no dispute that the Munsif had no jurisdiction to set aside the sale. In order to set aside an auction sale, it is necessary to bring the matter within O. 21, Civil P.C., outside that order there is obviously no jurisdiction to act as the learned Judge in the Court below has acted in this case. He appears to have come to the conclusion that there was some sort of fraud, but a mere suspicion of any particular kind of fraud will not justify the Judge''s action. There was no evidence in the case, and the mere fact that the purchaser purchased the property at something under its value is not by any means evidence of fraud and would not justify the setting aside of the sale. Once the property had been knocked down at the auction, there is an end of the matter unless the sale can be set aside under the provisions] of the order to which I have referred.

The Rule must be made absolute, the orders of the Judge, dated 9th and 10th July 1934, will be set aside, and it must be held in the circumstances that the property was knocked down to the petitioner for Rs. 1,000 which sale, in the ordinary course of events, will be confirmed. The petitioner has brought the decree-holder into this Court. Although he succeeds and is entitled to recover his costs, he must pay the coots of the decree-holder which costs must be added to the costs he recovers from the decree-holder. Hearing fee two gold mohurs in each case.