RAMA ABA SINGALE Vs. SUMITRABAI

JUDGEMENT

(1.) The Appellant No. 1 is the husband and the Appellants Nos. 2 to 9 are the members of his family. They have filed the above First Appeal challenging the sale of the family property in execution of the decree, which the respondent No. 1, the wife of the appellant No. 1 had obtained against the appellant No. 1 for maintenance which the husband had failed to pay even after the decree. In execution of the decree the family property was sold to the auction purchaser- respondent No. 1, in Special Dar khast No. 8 of 1974. in the Court of Civil Judge, Senior Division Bhir.

(2.) The auction purchase took place on March 25, 1975; and instead of depositing the decretal amount and the other required amounts, within 30 days from the date of the sale, the appellant No. 1 made an application on May 3, 1975, Exh.; 8, staring that he had brought the amount, on April 25, 1975; but the Court staff was on strike, during the period from April 25, 1975 and was on strike even on that day; and he could not deposit the amount due under the decree and he should, therefore, be permitted to deposit the decretal amount and the auction-sale should be set aside under Order XXI Rule 89 of the Code of Civil Procedure.

(3.) On that application Exh, 18, the court passed an order; "Money transactions are stopped due to strike. The Applicant to deposit the amount when the strike is over." After the strike was over, on April 27, 1975; and the staff joined their duty, the Nazir of the court accepted the moneys, on April 27, 1975.