AMBATI RAGHAVALU Vs. MOVVA VENKAMMA

JUDGEMENT

(1.) With great respect, I may say that the Judgment in M. Suryanarayanamurthy v. Southern Agencies, (1961) A.L.T. 138. requires reconsideration. I, therefore, refer the matter to Bench for an authoritative pronouncement as to whether the non-payment, of general stamp for certificate or the amount required for such stamp within the time prescribed would nullify the sale and a resale would be necessary. Rule 86 of Order 21, Civil Procedure Code, does not make any distinction between the two types of payment required to be made under Order 21, rule 85, Civil Procedure Code. The decisions which are referred to in the Judgment of my learned brother Sanjeeva Row Nayudu, J., are distinguishable and have no bearing upon the point involved in the appeal.

(2.) The appeal be therefore placed before Bench. The respondents' Advocate argued that a litigant cannot be mulcted by reason of the delay on the part of the Court. This point can also be raised during arguments before the Bench. In pursuance of the above Order of Reference, this appeal came on before the Bench. (Chandra Reddy, C.J. and Narasimham, J.)

(3.) The Judgment of the Court was delivered by Chandra Reddy, C. J.-This Civil Miscellaneous Second Appeal is referred to a Bench by Qamar Hasan, J., as he thought that the Judgment of a single Judge of this Court in Suryanarayanamurthy v. Southern Agencies, requires reconsideration. The facts leading up to this appeal are briefly these. A decree was obtained against the appellant in O.S. No. 179 of 1948 and, in execution of that decree, the property was brought to sale on 3rd September, 1956 and the and respondent purchased the property, he being the highest bidder. He paid 25 per cent, of the sale price on that day itself and the balance of the sale price on iyth September, 1956. As regards the stamp for the certificate, he applied for chalan on I7th September, 1956 but it was not issued till soth September, 1956. As soon as he collected the chalan, he deposited the amount required for the stamp on 20th September, 1956 itself.