SITALAM YADAV Vs. ALLAHABAD BANK AND ANOTHER

JUDGEMENT

(1.) This revision-petition has been filed by the applicant against the order dated 1-9-1988, passed by, Shri P.C. Agarwal, Fifth Additional Jugie to the Court of District Judge, Jabalpur, in Civil Suit No. 1-A of 1976.

(2.) The decree-holder Allahabad Bank (non-applicant No. 1 in this revision petition) had filed a civil suit for recovery of Rs. 14,062-71, paise and for sale of a plot along with a Pukka house with land appurtenant thereto (which is the property in question). The suit was decreed on 15-4-1977 and a preliminary decree was passed on 27-4-1977. The final decree was passed on 22-3-1979. The plot was sold on 22-12-1979 and the sale thereof was confirmed on 6-2-1930. Sale certificate was issued on 11-3-1980. These facts are not disputed by the parties.

(3.) The Pukka house with land appurtenant to it, was auctioned on 10 4-1981 for Rs. 2625-00 and sold to Chhannusing (non-applicant No. 2 herein). He deposited 1/4th amount on the date of auction i.e.10-4-1981. Within a month from that date i.e., on 5 5-1981 and again on 5-10-1981, the judgement debtor filed an application under Order 21, Rule 89, Civil Procedure Code. During the pendency of that application, the Presiding Judge ordered the judgement-debtor to deposit Rs. 3,000.00 in the Civil Court Deposit. However, there had been a compromise between the judgement-debtor and the decree-holder, in performance of which, the decree-holder accepted Rs. 3,000.00 from the judgement-debtor and the application under Order 21, Rule 89, Civil Procedure Code was dismissed on 8-7-1982, but the sale was not set aside as per order-sheet dated 10-1 2-1982 under section 47 Civil Procedure Code.