PONNUSAMY Vs. R SUGUMAR

JUDGEMENT

(1.) THIS revision is by the judgment-debtor in O. S. No. l 18 of 1985, on the file of the District Munsif s Court, Manapparai.

(2.) IN execution of the money decree, the property of the judgment-debtor was brought to sale and the same was sold in court auction on 23. 12. 1987. An application to set aside the sale was filed on 222. 1988 under order 21, Rule 89, C. P. C. Along with the application, a lodgment schedule was also filed to deposit the entire amount and the poundage, but the same could not be deposited on account of boycott of courts by advocates, and the amount was deposited the next day, i. e. , 23. 2. 1988. Taking into consideration the boycott of Courts by Advocates, the executing Court held that since the cntiie amount with commission had been deposited, die sale was liable to be set aside.

(3.) IN the interest of justice, I feel that this is a fit case where the sale has to be set aside, and I do so accordingly.