DASARLA KOTESWARAMMA Vs. ALLA VENKAYAMMA

JUDGEMENT

(1.) THE petitioner filed O. S. No. 1587 of 2002 in the court of I Additional junior Civil Judge, Guntur, against the respondent for recovery of certain amount. The suit was decreed on 29. 06. 2004. During the pendency of the suit he secured attachment before judgment of an item of immovable property.

(2.) AFTER the decree became final, the petitioner filed E. P. No. 1085 of 2004 for sale of attached property. After securing the permission of the executing court under Order XXI Rule 72 CPC, the petitioner participated in the sale, held on 19. 04. 2005. The petitioner deposited entire sale consideration and poundage. However, he did not deposit the cost of non-judicial stamp papers within 15 days from the date of sale. It was only on 23. 6. 2005 that the petitioner made such deposit.

(3.) INITIALLY, the petitioner filed E. A. No. 1205 of 2005 under Section 148 CPC with a prayer to enlarge the time for deposit of the amount for purchase of non-judicial stamps. It was pleaded that the amount ought to have been deposited on or before 03. 05. 2005 and since the court was on vacation on that day, the amount was deposited on 23. 6. 2005. The E. A. was dismissed through order dated 10. 08. 2005 on the ground that Rule 85 CPC does not permit any enlargement of time. Thereafter, the petitioner filed E. A. No. 734 of 2006 under Order XLVII rule 1 read with Section 114 CPC with a prayer to review the order through which the sale was set-aside. The trial court dismissed the E. A. on 03. 07. 2006. Hence, this Civil Revision Petition.