M SURYANARAYANA RAO Vs. BOMMANA CHINNA KONDA REDDI

JUDGEMENT

(1.) This is a revision against the order of the learned Subordinate Judge, Kurnool, excusing the delay in depositing in Court the amount representing the poundage and the amount required for purchasing stamps for the sale certificate. The facts that have given rise to this revision may be briefly narrated. In execution of the decree obtained in O.S. No. 69 of 1951, on the file of the Subordinate Judge's Court, Kurnool, the decree-holder brought items 1, 4 and 5 mentioned in the attachment list for sale and purchased them on 21st September, 1953, for a sum of Rs. 3,380. Before purchase, he obtained the leave of the Court to bid and set off and, therefore, the purchase money was set off in part satisfaction of the decree amount. He deposited the amount required for the stamp and poundage on 8th October, 1953. As there was delay in depositng the said amount, he filed the application out of which this revision has arisen for excusing the delay. The judgment-debtor opposed that petition on the ground that the provisions of Order 21, rules 84 and 85, which regulate the conditions for deposit of various sums, are mandatory in nature and that, as the decree-holder-purchaser did not deposit the said amounts within the time prescribed by the rules, the Court has no jurisdiction to excuse the delay. 'The learned Subordinate Judge held that the non-deposit of the said amounts within the time prescribed constitutes only an irregularity and, in that view, excused the delay. Hence, the revision.

(2.) The learned counsel for the respondent has raised a preliminary objection to the maintainability of the revision. But as we are disposing of the case on merits, it is not necessary for us to express our opinion on the said question. The material provisions of the Civil Procedure Code and the Civil Rules of Practice may be read at this stage. Order 21, rule 72, Civil Procedure Code, reads :

(3.) Rule 200 of the Civil Rules of Practice reads :