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Judgment
Under orders of the High Court an auction sale was set aside on the premise that amongst the judgment-debtors, those being heirs and legal representatives of a original judgment-debtor, some had been served and Ors. had not been, and that was an illegality affecting the sale. Learned Counsel for the Appellant auction purchaser and his alienees points out certain observations made in passing in the order of the Executing Court which go to suggest that some of the legal Representatives, who were taken by the High Court not to have been served, were shown to have been served by affixation. Those observations perhaps suggest to that effect, but the judgment under appeal does not contain a positive finding in this regard Rather, it was held that some judgment-debtors had not been served and that has been the basis of the decision. In the absence of the original record it is difficult for us to probe any further in this case. The safe course thus is to allow the appeal and remit the matter to the High Court for reconsideration in its entirety. We order accordingly. No Costs.