C. MUTHAMMAL Vs. R. KANNAN

JUDGEMENT

(1.) The instant Civil Revision Petition has been filed against the order of the learned District Munsif, Melur, dtd. 21/3/2017, in E.A.No.109 of 2017, in E.P.No.79 of 2006 in O.S.No.983 of 1995, by dismissing the Sec. 47 C.P.C. application.

(2.) The revision petitioners are the judgment debtors. They filed an application under Sec. 47 of C.P.C with a prayer to declare the sale, dtd. 2/2/2009, which was confirmed on 11/2/2016 is null and void.

(3.) According to the petitioners, in pursuance of the money decree, dtd. 31/8/2001, the property situated in Periyapatti Village along with building bearing Door No.2/72 was brought on sale. The sale proceedings was conducted on 2/2/2009 and subsequently, the same was confirmed on 11/2/2016. According to the petitioner, the said sale proceedings violates the provisions of C.P.C, more particularly, Order 21 Rule 84 and Order 21 Rule 85 C.P.C. It is the submission of the petitioners that as per the Order 21 Rule 84, 25% of the amount should be deposited immediately, and under Rule 85, the remaining 75% of the amount along with stamp duty has to be deposited within 15 days thereafter. Further, according to the petitioners the auction purchasers deposited 25% of the amount, i.e., a sum of Rs.21,000.00 on 3/2/2009 and instead of the remaining amount of Rs.59,100.00, has only paid Rs.59,000.00. It is also the submission of the petitioners that as mandated under Order 21 Rule 85, the general stamps have not been submitted. Therefore, he would contend that the very sale became null and void.