stranger auction-purchaser is protected _ The result is that the purchaser's title relates back to the date of sale and not the confirmation of sale. - once the sale is confirmed the judgmentdebtor is not entitled to get back the property even if he succeeds thereafter.

 Janak Raj vs. Gurdial Singh & Another 

(1967) 2 SCR 77, 

Head Note

i) Janak Raj v. Gurdial Singh and Anr., [1967] 2 SCR 77 and (ii) Sardar Govindrao Mahadik and Anr. v. Devi Sahai & Ors., [1982] 2 SCR 186. In Janak Raj case, the appellant was a stranger to the suit in which there was an ex-parte money decree. In the execution of the decree, the immovable property of the judgment debtor was brought to sale in which the appellant became the high- est bidder. The judgment-debtor filed an application for setting aside the ex-parte decree and the court allowed it before confirming the sale. Thereupon the judgment-debtor objected to the confirmation of sale on the ground that the auctionpurchaser was in conspiracy and collusion with the decree-holder and as such not entitled to have the sale confirmed. The execution court, however, overruled the objection and confirmed the sale, Mitter, J., agreed with that view and observed (at 79): "The result is that the purchaser's title relates back to the date of sale and not the confirmation of sale. There is no provision in the Code of Civil Procedure of 1908 either under O. XXI or elsewhere which provides that the sale is not to be confirmed if it be found that the decree under which the sale was ordered has been reversed before the confirmation of sale. It does not seem ever to have been doubted that once the sale is confirmed the judgmentdebtor is not entitled to get back the property even if he succeeds thereafter in having the decree against him reversed 

The Division Bench comprising Justice Wanchoo and Justice Mitter held that in the facts of the said case the appellant auction-purchaser was entitled to a confirmation of the sale notwithstanding the fact that after the holding of the sale, the decree was set aside. It was observed:

"The policy of the Legislature seems to be that unless a stranger auction-purchaser is protected against the vicissitudes of the fortunes of the suit, sales in execution would not attract customers and it would be to the detriment of the interest of the borrower and the creditor alike if sales were allowed to be impugned merely because the decree was ultimately set aside or modified