IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.689 of 2009 NAWAL SINGH, son of Late Chandrika Prasad Singh, resident of village- Gadua, P.S.-Sheikhpura, District- Sheikhpura ….. Petitioner Versus URMILA DEVI, wife of Nawal Singh, daughter of Baldeo Singh, resident of village- Gadua, P.S.- Sheikhpura, District- Sheikhpura, presently residing at village- Khutha Dih, P.S.-Barahiya, District- Lakhisarai ….. Opp.Party ----------- 2. 01/05/2009 Heard learned counsel for the petitioner. Learned counsel for the petitioner submits that the property with regard to which auction sale has been held and which is going to be confirmed is of much more value than what has been asserted by the decree holder. He further submits that the property belongs to three brothers including the judgment debtor and five sisters and therefore, there should have been rateable distribution of the property for auction of share of judgment debtor and before sale is confirmed. From the impugned order, it does not appear that the judgment debtor - petitioner has ever raised this issue before learned court below. From the petition annexed as Annexure-2 also, it does not appear that the issue was specifically raised. Moreover, there is nothing - 2 - on the record to show that this petition was ever moved for consideration by learned court below. There are some typing mistakes in the petition also which aggravates the situation by creating confusion. Therefore, this revision application is disposed of with liberty to the judgment debtor- petitioner to file a fresh petition before the learned court below in accordance with law, raising his objections. It goes without saying that in case such a petition is filed under the provisions of Order XXI C.P.C., learned court below shall consider the same in accordance with law and pass final orders as expeditiously as possible before confirming the auction sale. With the aforesaid observations and directions, this revision application is disposed of. Pradeep/ (J. N. Singh,J.)