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Sheik MuhiuddIn Rowther Vs. Rangachariar and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported inAIR1916Mad1028(2); 31Ind.Cas.913
AppellantSheik MuhiuddIn Rowther
RespondentRangachariar and anr.
Cases ReferredIn Karunakara Menon v. Krishna Menon
Excerpt:
civil procedure code (act v of 1908), order xxi, rule 89 - deposit by purchaser--sale not confirmed--person applying to set aside sale, if can take advantage of deposits. - .....into court of money which (according to the arguments of mr. t.r. ramachandra aiyar for respondents in that case) could have been withdrawn from court by the decree-holder at once, could not be taken advantage of by the other judgment-debtor in making his necessary deposit to support his application under order xxi, rule 89, of the code of civil procedure.2. it follows, a fortiori, that amounts paid by purchasers in court auction whose purchases have not been confirmed and which amounts, therefore, could not be withdrawn by the decree-holder at his pleasure, could not be taken advantage of by any person who applies under order xxi, rule 89, of the code of civil procedure.3. the appeal is, therefore, dismissed with costs.
Judgment:

1. In Karunakara Menon v. Krishna Menon 27 Ind. Cas. 952 : 2 L.W. 196 : 28 M.L.J. 262, it was held that the payment by one judgment-debtor into Court of money which (according to the arguments of Mr. T.R. Ramachandra Aiyar for respondents in that case) could have been withdrawn from Court by the decree-holder at once, could not be taken advantage of by the other judgment-debtor in making his necessary deposit to support his application under Order XXI, Rule 89, of the Code of Civil Procedure.

2. It follows, a fortiori, that amounts paid by purchasers in Court auction whose purchases have not been confirmed and which amounts, therefore, could not be withdrawn by the decree-holder at his pleasure, could not be taken advantage of by any person who applies under Order XXI, Rule 89, of the Code of Civil Procedure.

3. The appeal is, therefore, dismissed with costs.


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