SOLASA RAMACHANDRA RAO Vs. MADDI KUTUMBA RAO

JUDGEMENT

(1.) This is an appeal by a, certificate granted by the High Court of Andhra Pradesh against a judgment and order of that Court. dated March 4, 1963. The appeal is by a receiver appointed in a suit under the provisions of S. 92 of the Code of Civil Procedure with the object of applying for setting aside a sale of certain properties belonging to a choultry.

(2.) The facts shortly are as followers:-

(3.) There can be no doubt that if at the time when an application under O. XXI. R. 89 is made by the judgment-debtor, the decree has been satisfied or adjusted, the deposit of any money for payment to the decree-holder is not called for. It was argued on behalf of the appellants that a mere promise on the part of the judgment-debtor to take steps to ensure payment of the decretal debt if acceded to by the decree-Holder would have the same effect. Reliance was placed on a judgment of this Court in Union of India vs. Kishorilal Gupta and Bros., (1960) l SCR 493 at E' 502. There it was pointed out that