P K UNNI Vs. NIRMALA INDUSTRIES

JUDGEMENT

(1.) SPECIAL leave is granted.

(2.) THIS appeal arises from the judgment of the Madras High Court in A.A.O. No. 421 of 1983 (reported in 1987 (2) Mad LJ 3). The sole question that arises for consideration is as regards the period of limitation for making a deposit to make an application under Rule 89 of Order XXI of the Civil Procedure Code, 1908 to set aside sale of immovable property sold in execution of a decree. Has the deposit to be made within 30 days from the date of sale as required by sub-rule (2) of Rule 92 of Order XXI or within 60 days from the date of sale as provided in Article 127 of the Limitation Act, 1963?

(3.) THE words shown in bracket in Rule 92(2) were substituted by Section 72 of the Civil Procedure Code (Amendment) Act, 1976 with effect from 1-2-1977. THE object of the amendment was to afford an opportunity to the applicant to make good any deficiency in the amount deposited under Rule 89 when the deficiency occurred by reason of clerical or arithmetical mistake on his part. That amendment has no relevance to the point in issue as regards the period of limitation except to emphasise that sub-rule (2) of Rule 92 had received the special attention of Parliament in 1976. Parliament addressed itself particularly to the sub-rule, and yet did not, apart from the special contingency provided for by the amendment, think it necessary to extend the period generally prescribed under 'Rule 92 (2) to make the deposit which is a condition precedent to an application to set aside a sale.