VAITHILINGA ASARI (DIED) Vs. SIVAPRAGAS CHETTIAR (DIED)

JUDGEMENT

(1.) Aggrieved over the Order of the first appellate Court setting aside the Order passed in E.A.No.724 of 1983 in E.A.No.260 of 1971 in O.S.No.183 of 1969, the present revision has been filed. The impugned Order is a result of challenge made by the judgment debtor in the application in E.A.No.724 of 1987 in E.P.No.260 of 1971 filed under section 47 and Order XXI Rule 85 of Code of Civil Procedure.

(2.) The brief facts leading to filing of the application is as follows :

(3.) It is the further contention of the revision petitioner that the auction purchaser has not deposited Non Judicial Stamp Papers within 15 days as per Order 21 Rule 85 and he has sought to extend time for deposit of stamp in unnumbered E.A. on 13.12.1972 and the said application has been allowed. It is the contention of the revision petitioner that the Court has no jurisdiction or any authority under Order 21 Rule 85 Code of Civil Procedure to extend time beyond prescribed time of 15 days. The revision petitioner came to know about the said illegality only in February 1983. Hence, prayed for setting aside the sale dated 16.11.1972.