FAUJA SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) THIS petition filed under Section 115 of the Code of Civil Procedure, 1908 (for brevity 'the Code') is directed against the order dated 4.2.2003 passed by the Executing Court rejecting the prayer of the auction purchaser that the auction held on 6.9.2001 be confirmed and the balance amount of 75 percent amounting to Rs. 67,500/- deposited on 10.4.2002 be accepted. The application has been rejected.

(2.) I have heard Shri Pawan Malik, learned counsel for the auction purchaser and am of the view that the impugned order does not call for any interference because the provisions of Order 21 Rule 85 read with rule 72 of the Code are mandatory in nature. The afore-mentioned provisions read as under :

(3.) THE above mentioned view has been followed and applied by the Supreme Court in the case of Balram v. Ilam Singh, 1996(3) RCR(Civil) 692 (SC) : AIR 1996 SC 2781. Therefore, there is no legal infirmity in the impugned order and the revision petition is liable to be dismissed. For the reasons recorded above, this petition fails and the same is dismissed. Petition dismissed.