RAMKRISHNA Vs. DULICHAND

JUDGEMENT

(1.) THIS is auction purchaser's revision against the order of the execution Court dated 6 -9 -1954. The facts of the case are briefly as under:

(2.) ONE Rameshchandra was the decree holder. He obtained a decree against Dulichand and Ors. . That decree was executed and in the execution of the decree a house belonging to the judgment debtor was put up for sale. On 9 -4 -54, the Nazir who was the officer appointed under Order 21, Rule 65, Code of Civil Procedure closed the bidding by accepting an offer of Rs. 9,530, made by Ramkrishna in anticipation of sanction by the Court and deposited Rs. 2,383 in the Court. The Court passed an order that the money be credited.

(3.) SOME High Courts have, no doubt, taken, contrary view. In'Mahomed Yacoob v. P.L.R.M. Firm', AIR 1932 Rang 17 (F), lire view taken by the Patna High Court in : AIR 1923 Pat 525 (A), has not been accepted. But the learned Chief Justice made the following observation in the course of the judgment: