JUDGMENT Bomford, J.M. 1. (August 3, 1937).The facts are given in the order of reference submitted by the Collector of Gorakhpur. On 15th April, 1936, an application of the judgment-debtor under the Encumbered Estates Act was sent to the Special Judge. Sale proceedings under the Regulation of Sales Act were pending and at the end of July notice was issued to the judgment-debtor to consider the valuation u/s 3 of the Regulation of Sales Act. Whether he was duly served or not I cannot say nor does it matter, but the judgment-debtor did not appear and eventually orders were passed for the transfer of the property. 2. The Collector recommends that the proceedings under the Sales Act be set aside as being ultra vires. The decree-holder opposes the application relying on Shesbaran Singh v. Ranbir Prasad 1936 RD 396. That order was however considered in review and in the order of review reported in Sheo Baran Singh v. Ranbir Prasad, 1937 AWR 119 (B.R.) it was held that proceedings under the Sales Act are automatically stayed after an application under the Encumbered Estates Act has been sent to the Judge. 3. The reference, therefore, is accepted. When the Special Judge has passed orders on the application it will be for the Collector to decide what action to take in connection with the sale of the property and if the application under the Encumbered Estates Act is quashed he will take up sale proceedings at the point reached on 14th April, 1936. As the reference has been opposed I allow the judgment-debtor his costs and pleaders' fee Rs. 5. Darling S.M. (August 9, 1937). 4. I agree.