BORRA SUBBA RAO Vs. S VEERRABHADRAIH

JUDGEMENT

(1.) This is an unfortunate case, where the revision needs to be returned, for being presented in an appropriate Court after a lapse of about 16 years from the date of presentation.

(2.) Chandani Satyanarayana, the 2nd respondent herein, was declared insolvent in I.P. No.7 of 1975 on the file of the Subordinate Judge, Machilipatnam. The properties of the 2nd respondent vested in the Official Receiver, the 3rd respondent herein. One of the items was brought to sale. The 1 st respondent, who is one of the creditors, filed I. A. No. 1028 of 1980, raising objection to the validity of the sale effected by the 3rd respondent alleging that the property was sold away at threwaway price and that there was collusion between the 2nd respondent and auction purchaser. After hearing the parties, the Trial Court accepted the contentions of the 1st respondent, and through its order dated 16-3-1988, had set aside the sale. Aggrieved by that order, the auction purchaser, the petitioner herein, filed this revision petition.

(3.) Several contentions are urged on behalf of the auction purchaser on the one hand, and the petitioner in I.A. No. 1028 of 1980, on the other, on merits as well as maintainability. A strong objection is raised on behalf of the 1st respondent that an appeal under Section 75 of the Provincial Insolvency Act (hereinafter referred to as the Act) and not a revision under Section 115 CPC is maintainable against the order of the trial Court in I.A. No. 1028 of 1980.