Skip to content


Dharam Rao Vs. Shankarappa - Court Judgment

LegalCrystal Citation
SubjectProperty;Civil
CourtKarnataka High Court
Decided On
Case NumberC.R.P. No. 707 of 1980
Judge
Reported inILR1985KAR1051
ActsCode of Civil Procedure (CPC) , 1908 - Order 21, Rules 85, 72, 84, 84(2), and 90
AppellantDharam Rao
RespondentShankarappa
Appellant AdvocateShivaraj Patil, Adv.
Respondent AdvocateV.S. Kulakarni, Adv. for R 2, 5 and 6
DispositionRevision dismissed
Excerpt:
.....in the case of a decree-holder and therefore it is not mandatory.; -- order 21 rule 85 - rule applies also to decree-holder is mandatory -- if purchase money not deposited within 15 days sale becomes null and void -- court bound to order re-sale.;rule 85 clearly says that while calculating the amount to be so paid into court, the purchaser shall have the advantage of any set-off to which he may be entitled under rule 72. therefore, rule 85 of order 21 c.p.c. applies equally also to the decree-holder. it is a mandatory provision even though the auction-purchaser might be the decree-holder what rule 85 of order 21 c.p.c. prescribes is that if the decree-holder. is entitled to any set-off, he must deposit the remaining amount within 15 days from the dace of sale. but it does not.....order 21 rule 85 - rule applies also to decree-holder is mandatory -- if purchase money not deposited within 15 days sale becomes null and void -- court bound to order re-sale.rule 85 clearly says that while calculating the amount to be so paid into court, the purchaser shall have the advantage of any set-off to which he may be entitled under rule 72. therefore, rule 85 of order 21 c.p.c. applies equally also to the decree-holder. it is a mandatory provision even though the auction-purchaser might be the decree-holder what rule 85 of order 21 c.p.c. prescribes is that if the decree-holder. is entitled to any set-off, he must deposit the remaining amount within 15 days from the dace of sale. but it does not enable him to deposit the money as and when he pleases.... the deposit not having.....
Judgment:
ORDER

21 RULE 85 - Rule applies also to decree-holder Is Mandatory -- If purchase money not deposited within 15 days sale becomes null and void -- Court bound to order re-sale.

Rule 85 clearly says that while calculating the amount to be so paid into Court, the Purchaser shall have the advantage of any set-off to which he may be entitled under Rule 72. Therefore, Rule 85 of Order 21 C.P.C. applies equally also to the decree-holder. It is a mandatory provision even though the auction-purchaser might be the decree-holder What Rule 85 of order 21 C.P.C. prescribes is that if the decree-holder. is entitled to any set-off, he must deposit the remaining amount within 15 days from the dace of sale. But it does not enable him to deposit the money as and when he pleases.... The deposit not having been made within the statutory limit of 15 days, the Court is bound to order re-sale because the sale already conducted being in violation of Rule 85 is null and void.

It is not necessary either for the Judgement-debtor or for any one even to apply under Order 21 Rule 90 C.P.C. to make an application for oetting aside the sale. Order 21 Rule 90 C.P.C. would come into play only when the sale is vitiated by irregularity or fraud in publishing or conducting the sale (Para 8)


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //