Reports of the High Court of Judicature. North-Western Provinces. Miscellaneous Appeals. The 30th June 1866

Where an execution sale was set aside on the ground of irregularity on the part of the Ameen and other officials held: that the judgment debtor was not chargeable with the expenses of such sa1e( 2 ) WE consider that the judgment-debtor was not chargable with the expense of the first sale which was set aside for irregularity the sale having been made before the expration of the period fixed [...] of 1866 and Section 364 of the Procedure Code inasmuch as the appellant the auction purchaser of the property sold in execution of decree is not a party to the suit in which the decree was passed and only questions beWeen such parties arising in execution of decree can be made the subject of appeal. [...] We notice however with disapprobtion the very irregular procedure of the Principal Sudar Ameen in interfering with sales made by the sale Anieen land deferring them from day to day and reserving in his own hands the power to conclude the sale in favor of the highest bidder or disallow the same'with reference to the amount of the bid. [...] 7 The applicants were lst Nuthoo Singh 2nd Mussumat Romince 3rd Jagun Pershad and 4th Choonnee Lath The 1st and 3rd claiming as the adopted sons of the dceaSed the second as the widow and the 4th as the nephew of the deceased. [...] The Judge after examining the witnesses for the applicant in support of the alleged adoption ; ordered that the certficate be granted to the widow the legal heir of Atol Singh deceased.