The Calcutta Law Journal September 1 1912

The question if the judgment-debtor has the liberty to apply for setting aside the sale of a mortgaged property in virtue of the mortgage decree under rule 89 order 21 of the present Code is in some quarters thought to have been set at rest by the new Civil Procedure Code. [...] Prior to the passing of the new Civil Procedure Code it was laid down in some High Courts that the judgment-debtor should not be allowed to avail himself of the concession in section 310A of the old Code as it is a matter that is to be regulated by the Transfer of Property Act and secondly that to allow the judment-debtor the said concession would be to render nugatory the provision in the Tra [...] Now coming to equities we have to observe there is at least as much to be said in favour of the decree-holder and the purchaser in the sale as may be argued in favour of the mortgagor the judgment-debtor. [...] According to the new Code the purchaser's title in the case of sale of immoveable property takes effect from the date of the sale when the sale is made absolute and not from the time when the sale becomes absolute. [...] There is no equity in setting at naught all that took place its spite of the default by the mortgagor to pay the debt all the time the suit was pending And the time fixed for payment &c.