Law:

Section: O. IX, r. 9, O. XXI, r. 90

(a) Civil Procedure Code (V of 1908), O. IX, r. 9 & O. XXI, r. 90 read with S. 141-Application to set aside sale under O. XXI, r. 90 whether made before or after confirmation of sale-Remains application relating to execution of decree in suit under Civil Pro cedure Code-Provisions of O. IX, r. 9, held, not applicable to such application under O. XXI, r. 90-Provisions of S. 141 applicable to proceedings other than suits covered by Civil Procedure Code- Reference to S. 141 to make available provisions of O. IX, r. 9 to execution proceedings of suits under Civil Procedure Code-Against intention of Legislature. Referring to section 141 of the Code to make available a provision in the Code itself, namely Order IX, rule 9 to execution proceedings of a suit under the Code would be against the inten tion of the Legislature. Section 141 clearly refers to proceedings other than suit covered by the C. P. C. If any other law makes provisions which do not give the litigants some of the advantages in a suit under the C. P. C., the provisions would be available to the litigant in those proceedings by virtue of the provision of section 141, C. P. C. That is the only interpretation which is possible so far as section 141, C. P. C. is concerned. An appli cation under Order XXI, rule 90 whether it is made before the sale was confirmed or not is an application relating to the execution of a decree in a suit under the C. P. Code, A proceeding under Order XXI, rule 90 is a proceeding in relation to a suit covered by the C. P. Code. Therefore, only the provisions of C. P. Code will apply to it and if the Civil Procedure Code omitted to make applicable the provisions under Order IX to execution proceedings one cannot do so by invoking the provisions of section 141, C. P. C. Thakur Prosad v. Sheikh Fakirulla and another 22 I A 44; Basa Atull Mean and others v. Reazuddin Mean and others 30 C W N 570; Bhubunesswar Prasad Singh and others v. B. Tilak dhari Lal and others A I R 1919 Pat. 192; Kamini Debi v. Promotha Nath Mukherjee and another 19 C W N 755; Munser Ahmad v. Dakshina Chandra Sen and others P L D 1960 Dacca 130 and Afzal Hossain Talukdar v. Ainuddin Sarkar and others P L D…