ANNAMALAI Vs. NAGOORGANI

JUDGEMENT

(1.) THE short and important question arises in this Revision Petition viz., whether the time stipulated under Order 21, Rule 85, C.P.C. could be extended by the Court?.

(2.) THIS Revision Petition is directed against the Order of the Subordinate Judge, Cheyyar, Tiruvannamalai District in E.A.No.178 of 2003 in E.P. No. 18 of 2002 in O.S. No. 146 of 1999, dated 27.1.2004 declining to extend the time stipulated under Order 21, Rules 84 & 85, C.P.C. Auction Purchaser is the Revision Petitioner.

(3.) LEARNED counsel for the Respondents contended that 15 days time stipulated under Order 21, Rule 85 is mandatory and the mandatory time stipulated under the Statute cannot be extended by the Court. In support of his contention, the learned counsel for the Respondents-Judgment Debtors placed reliance upon number of decisions.