Bona fide auction purchaser protection in execution sales survives later setting aside of the decree under civil procedure rules.

A bona fide stranger auction purchaser at a valid execution sale of immovable property is protected if the sale is not successfully challenged under Order XXI Rules 89 to 91 of the Code of Civil Procedure, 1908. Where no such remedy succeeds, Rule 92 requires the court to confirm the sale and the purchaser's title relates back to the date of sale under Section 65. A later setting aside of the decree does not, by itself, invalidate the confirmed sale. Any relief for the judgment-debtor lies against the decree-holder through the procedure provided by the Code, not against an innocent auction purchaser.

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Issues: Whether a sale of immovable property in execution of a money decree can be confirmed when the decree under which the sale was held is set aside before confirmation.

Analysis: The Code of Civil Procedure, 1908 contains a self-contained scheme for setting aside and confirming execution sales of immovable property. Where no successful application is made under Order XXI Rules 89 to 91, the court is bound under Rule 92 to confirm the sale, and upon confirmation the sale becomes absolute. Section 65 reinforces that the purchaser's title relates back to the date of sale. The absence of any express provision cancelling a sale merely because the decree was subsequently set aside, coupled with the policy of protecting bona fide auction purchasers so that execution sales attract bidders, supports confirmation of the sale. Relief, if any, to the judgment-debtor lies against the decree-holder under the procedure provided by the Code and not against an innocent stranger purchaser.

Conclusion: The sale was rightly confirmable notwithstanding the subsequent setting aside of the ex parte decree, and the appellant auction purchaser was entitled to confirmation of the sale.

Ratio Decidendi: A bona fide stranger auction purchaser at a valid execution sale is protected from the later reversal or setting aside of the decree, and the court must confirm the sale unless it is set aside within the specific remedies provided by Order XXI of the Code of Civil Procedure, 1908.

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