UNITED COMMERCIAL BANK Vs. MANI RAM

JUDGEMENT

(1.) This application under O. 21, Rr. 84/85 read with Sections 148/151 of the Code of Civil Procedure (hereafter referred to as 'the Code') has been filed by the applicant-auction purchaser (hereafter referred to as 'the auction purchaser') for extension of time to deposit the auction money and not to direct resale of the property already auctioned in his favour and not to forfeit the amount already deposited by him.

(2.) Brief facts leading to the presentation of this application are that in execution of a decree pursuant to the warrant of sale dated 22-6-2002, the landed property of JD No. 1 was put to auction in which the auction purchaser was the highest bidder in the sum of Rs. 1,25,000/-. Immediately after the auction, he deposited a sum of Rs. 33,000/- of the auction money on the spot. However, he failed to deposit the remaining auction money within 15 days of the date of auction. Hence this application.

(3.) It has been averred in the application that the auction purchaser is an illiterate rustic villager and was not aware that the "total sale amount" was required to be deposited within 15 days of the auction nor he was so informed by anyone. Further, mother of the auction purchaser, who is about 78 years of age, fell ill and had to be removed to Chandigarh for treatment and this fact also resulted in delay in depositing the remaining auction amount within the prescribed time. In the aforesaid circumstances, the remaining auction amount has been deposited by the auction purchaser on 3-9-2002, therefore, the time to deposit such amount may be extended till 3-9-2002 and the property may not be ordered to be resold and deposited amount may not be forfeited.