J RAMALAKSHMI Vs. M V R K MUTYALU

JUDGEMENT

(1.) A short but important question falls for consideration in this revision viz., whether it is permissible for depositing of general stamp under Rule 85 of Order XXI C.P.C. beyond the time stipulated therein.

(2.) The respondent filed O.S. No.73 of 1990 in the Court of Senior Civil Judge, Amalapuram against the petitioner for recovery of a sum of Rs. 1,55,000.00 with interest. The amount was borrowed by the petitioner on the strength of mortgage. A preliminary decree was passed on 7.7.1997. Thereafter, final decree was passed on 5.3.1999. Since the petitioner did not comply with the same, respondent filed E.P. No.78 of 1999. The sale of the mortgaged property was conducted on 17.4.2002. The respondent also participated in the auction, with the permission of the Court, and emerged as the highest bidder for a sum of Rs.5,85,000/-.

(3.) Since the respondent, the decree holder, is the highest bidder, there was no necessity for him to deposit the bid amount, in view of Rule 72 of Order XXI C.P.C. However, there is no exemption from depositing the stamps within 15 days from the date of auction, under Rule 85. The Court closed for vacation from 1.5.2002 and it re-opened on 1.6.2002. On the reopening day, the respondent applied for issuance of challan. The Presiding Officer passed an order on that day itself for issuance of challan. However, the amount was not deposited within the time. It was only through order dated 27.8.2002 that the Executing Court received a sum of Rs.29,250/-, towards cost of stamps. The petitioner challenges the order dated 27.8.2002 passed by the Executing Court on the ground that it was not competent for it to have permitted depositing of the stamps, after expiry of 15 days from the date of auction.