KUDIYALA RAMANA Vs. VATTIKOLLA SOMARAJU

JUDGEMENT

(1.) The revision petitioner filed the civil revision petition under Section 115 of the Code of Civil Procedure questioning the order of the Junior Civil Judge. Prathipadu in E.A.S.R. No. 3014 of 2001 in E.P. No. 45 of 1998 in O. S. No. 44 of 1995 dated 20-11-2001.

(2.) The facts in brief are as follows.

(3.) The revision petitioner is the auction purchaser. The petitioner participated in the above E.P. sale proceedings and became the highest bidder and the sale was knocked down for Rs. 67,000.00 in his favour on 31-7-2001. The petitioner paid an amount of Rs. 16,750/- on 31-7-2001 i.e., 1/4th amount of Rs. 67,000.00. It is further stated that the petitioner applied for challan for the deposit of the remaining sale consideration and for the General stamps (i.e.) N. J. Stamps and it was also stated that a specific mention was made in this regard in the application. But, however, the challan was not issued for General stamps. The petitioner also stated that he applied for challan in time and also submitted lodgment schedule. There was neither default not negligence on his part due to the reasons stated supra and the petitioner was unable to comply with the requirement of stamps under Order 21, Rule 85 of the Code of Civil Procedure. In such circumstances, the petitioner filed E.A.S.R. No. 3014 OF 2001 In E.P. No. 45 of 1998 in O. S. No. 44 of 1995 on the file of Junior Civil Judge, Prathipadu praying for issue of challan for deposit of General stamps (i.e.) N.J. Stamps to comply with Order 21, Rule 85, C.P.C. and to pass suitable orders. The learned Junior Civil Judge, Prathipadu by order dated 20-11-2001 had rejected the petition on the ground that the challan cannot be issued after the expiry of prescribed period for deposit of amount required for the sale certificate. Aggrieved by the said order, the present civil revision petition is preferred.