BATHULA KRISHNA BRAHMAM Vs. GUDIPUDI SHAIK MEERA HUSSAIN

JUDGEMENT

(1.) The Petitioner seeks to revise the judgment of the Subordinate Judge, Narasaraopet in A. S. No. 87 of 1964, confirming the Order of the District Munsif, Sattenapalli in E.A- No. 281 of 1963 in O.S. No. 130 of 1962 that the application filed by the Petitioner (Judgment-debtor) under Order 21, rule 89 of the Code of Civil Procedure cannot be entertained.

(2.) The learned Counsel appearing for the petitioner contended that the petitioner (Judgment-debtor) made an application for setting aside the sale in time by depositing a total amount of Rs. 1,023-88 P. which was more than the amount required for depositing under Order 21, rule 89 of the Code of Civil Proeedure and therefore the Order of the Subordinate Judge is liable to be set aside.

(3.) The Petitioner made an application for issue of a challan to deposit the amount and the Court accordingly issued a challan but while apportioning the amount, a sum of Rs. 849-73 P. was apportioned to the sale warrant amount and Rs. 2-90 P. as subsequent interest, Rs.105 as commission payable to the auction purchaser and Rs, 66-25 P as poundage. The exact amount payable under the sale warrant was Rs. 849-73 and therefore, he made an application for condoning the delay in paying the balance due towards sale proclamation amount on the ground that the aggregate amount paid by him was in excess of what was actually to be paid. The District Munsif before whom the application was made declined to condone the delay on the ground that there is no provision for condoning the delay or for apportioning the excess amount paid under another head towards the amount payable under the head 'sale proclamation amount'. The Subordinate Judge to whom an appeal was preferred against the Order of the District Munsif, concurred with the finding given by the District Munsif and dismissed the appeal.