JOSEPH Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) REVISION petitioner is the second defendant (second judgment debtor) in EP 126 of 1981 in OS 150 of 1976 of the Additional Sub Court, Alleppey. He filed execution application for vacating the order of attachment of his movable properties on the ground that the only course open to the respondent-decree holder is to bring the immovable property which was already been sold for re-sale as provided under 0. 21 R. 86 CPC.

(2.) THE question that arises for consideration is whether the respondent (decree-holder) is precluded from executing the decree by any means other than bringing the immovable property again to sale as he failed to deposit the amount required for the general stamp paper for the certificate under R. 94 within the time stipulated under R. 85. As the decree holder bid the property in auction he is entitled to set off the purchase money under r. 72. 0. 21 R. 84 makes it incumbent upon the purchaser of the immovable property to deposit immediately 25 per cent of the amount of the purchase money in the court. That requirement does not apply to a decree holder-purchaser. But he has to pay the amount required for the general stamp paper for the certificate under R. 94. Respondent-decree bolder failed to deposit the amount required for the general stamp paper for the certificate.

(3.) CONTENTION of the revision petitioner that the decree-holder has no right to attach the movable properties is clearly untenable. Order of the executing Court does not warrant interference. There is no merit in the CRP and hence it is dismissed without any order as to costs. . .