Order.-The short facts relating to the civil miscellaneous second appeal areas follows. In execution of a decree in O.S. No. 535 of 1969 on the file of theDistrict Munisf, Mannargudi the properties covered under this appeal werebrought to sale on 13th February, 1973. The sale was confirmed on 21st March,1973. An application under section 23(c) of the Tamil Nadu Act VIII of 1973, wasfiled on 30th April, 1973 invoking the provisions of the said Act and seeking toset aide the sale. The executing Court held that the petition was notmaintainable. However on appeal in C.M.A. No. 278 of 1973 the learnedSubordinate Judge, Tanjore, set aside the order on the ground that the order ofthe executing Court was laconic. In his view, this was a case to which section20 (c) would apply and on that reasoning the sale was set aside. 2. The learned counsel for the appellant Mr. M. Ramachandran, contendsbefore me that the reasoning of the lower appellate Court is incorrect in law inview of the decision of N.S. Ramaswami, J., in R. Dharmalingam v. NagalingaKandiari1 while the learned counsel for the respondent wouldsubmit that having regard to the 30 days time limit prescribed under the saidsection, the application was competent and therefore no exception could be takento the order of the lower appellate Court. 3. I have absolutely no hesitation in holding that the judgement ofthe lower appellate Court is incorrect. Tamil Nadu Act VIII of 1973 came intoeffect on 24th January, 1973. This is a case in which the sale which is soughtto be set aside took place on the 13th February, 1973, in other words aftercoming into effect of Tamil Nadu Act VIII of 1973. To such a case section 23 (c)cannot be applied at all since, there is section 19. I find the judgement of N.S.Ramaswami, J., is a clear authority on this point. Applying the said decision, Iset aside the order of the lower appellate Court and hold that the applicationunder section 23 (c) of the judgement debtor is not maintainable. However, it ismade clear that if he satisfies the requirements of either section 19 or 20 ofthe Act it is open to him to invoke the provisions of that sections. 4. This civil miscellaneous second appeal is allowed. No costs. Noleave.