BHASKARAN Vs. DHANALAKSHMI BANK LTD

JUDGEMENT

(1.) This is a petition filed under S.114 read along with O.47 R.1 of the Code of Civil Procedure for reviewing the judgment and decree passed by this Court in E.F.A. No. 34 of 1989 as early as on 9.2.1990.

(2.) Execution first appeal was one filed under S.96 read along with O.21 R.90 CPC against an order refusing to set aside a sale effected in execution of the decree passed in O. S. No. 72 of 1985 on the file of the Sub Court, Shertallay. It is relevant to note that though at the time of typing the memorandum of appeal the provision under which the appeal was intended to be filed as typed as O.43 R.1(j) read along with S.104 CPC. the same was struck off at the time of filing the appeal and S.96 and O.21 R.90 CPC was shown as the provision under which the appeal was actually filed. A learned Single Judge of this Court has heard and disposed of the appeal setting aside the confirmed sale in the following manner.

(3.) The relief prayed for in the EFA was to set aside the order passed in E. A. No. 15 of 1989 refusing to set aside the sale effected in execution of the decree passed in O.S. No. 72 of 1985. As per the order passed in the appeal, the sale was set aside on payment of the entire decree amount, execution costs, interest and other incidental expenses as required by the CPC. What is more is that the appellants - review petitioners were allowed to effect such payments in two or three instalments also with a default clause that if default is committed in making deposit as directed, the appeal will stand dismissed. Thus the judgment sought to be reviewed is one totally in favour of the appellants - review petitioners. Review petition was filed only on 1.1.1992, with a petition to condone the delay after the petitioners have committed default in depositing the amounts as directed in the judgment in the EFA.