MOBD ISAQUE Vs. KARUKURI VEERANNA

JUDGEMENT

(1.) The short question which the C. M. A. raises is whether an application under Order 21, rule 89, Civil Procedure Code, is maintainable at the instance of the insolvent judgment-debtor.

(2.) The appellant Mohd. Isaque executed a mortgage in favour of the respondent Kurukuri Veeranna. Veeranna sued on the mortgage in O. S. No. 90 of 1979 on the file of the Sub Court, Kovvur, and obtained a preliminary decree on 14th December, 1979 and the final decree on 6th September, 1980. The appellant filed I. P. No. 10 of 1979 on the file of the Sub Court, Kovvur, and was adjudicated insolvent on 17th July, 1980. His property was vested in the Official Receiver, West Godavari, Eluru. The respondent impleaded the Official Receiver also as a part in the final decree proceedings. In execution of the mortgage decree so obtained by the respondent, the house property belonging to the appellant was brought to sale in E. P. No. 100 of 1980. The sale was held on 16th June, 1981, at which the respondent became the Court auctiot purchaser having eariler obtained the necessary permission to bid. The appellant filed E. A. No. 326 of 1981 on 15th July, 1981 under Order 21, rule 89, Civil Procedure Code, and was met with the objection raised by the respondent that such an application by the Appellant who was adjudicated insolvent was not maintainable. The learned Sub Judge, upheld the objection by his order dated 25th September, 1981, and in consequence dismissed E. A. No. 326 of 1981 and confirmed the sale in favour of the respondent on 12th October, 1981. The appellant has approached this Court questioning the correctness of the said order in the C. M. A. filed in this Court on 20th October, 1981.

(3.) Prior to the amendments made in the Civil Procedure Code under the Amendment Act CIV of the 1976, Order 21, rule 89, Civil Procedure Code, as applicable to this State was as follows : (only material portions extracted):