JAGDISH KUNWAR Vs. RADHA MOHAN SINGH

JUDGEMENT

(1.) THIS revision under Section 115 Code of Civil Procedure was instituted in this Court on May 13, 1977. It is directed against orders passed by the Civil Judge, Ballia and affirmed by the 1st Additional District Judge, Ballia refusing to consider the objections made by the applicant in execution proceedings.

(2.) APPLICANT Jagdish Kunwar is a judgment -debtor in a decree for realisation of a sum of Rs. 6238.10. Some land belonging to him was to be auctioned in execution of the decree. This was on October 8, 1975. The case of the applicant is that towards satisfaction of the decree, he had deposited a sum of Rs. 1350/ - and the deposit was taken note of by the executing Court on an earlier occasion when he had put in an objection under Section 47 Code of Civil Procedure. That objection, according to the applicant, was allowed but without pursuing the matter in accordance with law, the decree -holder -opposite party put the decree in execution once again and surreptitiously got the property auction sold for a petty amount. The decree -holder was himself the auction purchaser.

(3.) THE Executing Court rejected the objection on December 11, 1975 as not maintainable. The view taken was that it was incumbent upon the judgment -debtor to have deposited 12 1/2% of the amount for which the property had been auction sold and since admittedly he had failed to do so he was not entitled to a consideration of his objection on merits on account of Rule 90 of Order 21 Code of Civil Procedure as amended by this Court in its application Uttar Pradesh. The view taken by the Executing Court was affirmed in appeal by the Additional District Judge.