ADIT PRASAD Vs. SHEO MANGAL

JUDGEMENT

(1.) THE decree-holder has filed this appeal. He obtained a decree no. 338 of 1950 for Rs. 513. In due course he put tt in execution for a total sum of Rs. 716.34 including costs. THE property in dispute was put up for auction. THE auction was held on 29th April 1960 and at the auction the decree-holder was the highest bidder. He purchased the property for Rs. 1500/-.

(2.) THE officer holding the auction finding that there was only one bidder did not accept the bid of the decree-holder but left it for the Court to accept it or not. On 2nd May 1960 the judgment-debtor deposited the entire amount due under the decree i.e. the decretal amount as well as execution costs, in the execution Court. THE same day the file was put up before the execution Court with respect to the auction Sale THE Court did not pass any specific order accepting the bid of the decree-holder, but made an order that the file be put up after a month for confirmation of the sale.

(3.) IT is urged for the appellant that the objection was not maintainable as, in substance, the objection was under Order 21 Rule 89 C. P. C. and as the judgment-debtor had not deposited the relevant five per cent of the auction money the objection was not competent. The learned counsel has urged that the objection cannot be treated as one under Section 47 C. P. C. as it was filed after the confirmation of the sale.