SV LAKSHMANAN Vs. A VENUGOPALA REDDY

JUDGEMENT

(1.) THE applicant is the auction purchaser of the property bearing No.64, Dr. Rengachari Road, Chennai-600018 in the auction held on 6.11.2000 by the court. He was the successful bidder in the auction. He purchased the property for a sum of Rs.45,01,001 and he has deposited a sum of Rs. 11,23,250.25 being the 25% of the bid amount on the very same day. He was given 15 days time for paying the balance which ended on 21.11.2000.It is stated that due to the delay in realisation of the sale proceeds of a property situate in Malaysia and he told that he could remit the amount only in instalments and he wanted to pay the amount in Application No.4924 of 2000 before the Master to pay the balance of 75%. On 4.12.2000, when the matter came before the Master, he has passed the following order:

(2.) IN the counter it is stated that this application is not maintainable. According to Order XXI, Rules 84 and 85 of C.P.C.., on the fifteenth day from the date of sale, the entire sale amount should be deposited into court, as otherwise the sale becomes a nullity. The code specifically fixes the time for payment of the entire amount. The code does not have jurisdiction to extend the time. Thus, when the Application No.4924 of 2000 came up before the Master on 4.12.2000, it was dismissed after hearing the submissions of both parties. The grounds raised by the applicant is untenable. The Civil Procedure Code fixes time for payment and the decree-holder's objection or lack of them for extension of time for payment is not relevant. The judgment- debtor has submitted before the Master that the auction was held with inadequate publicity before the sale, resulting in the lukewarm turnout for the auction sale.