PUNJAB SI SIND BANK SHIMLA Vs. HIMACHAL LITHOGRAPHERS

JUDGEMENT

(1.) In execution of the decree dated 13/8/1984 passed in Civil Suit No. 37 of 1984, the house property of the applicant-judgment debtor, Major Vikram Singh Anand, comprising of House No. 2-A/1, Housing Board Colony, Jakhu, Shimla, was attached and sold in public auction pursuant to the order of the Court. The auction took place on 11/1/2000. The house property of the applicant-judgment debtor was sold for Rs. 6,15,000 in favour of one Amarjeet Singh son of Sewa Singh resident of B-6, Strawberry Hills, Shimla (hereinafter referred to as the auction-purchaser). Such sale was confirmed by this Court on 7-3-2000.

(2.) On 7-6-2000, the present application came to be filed by the applicant judgment debtor under Section 47 read with Order 21 Rule 85 and Order 21 Rule 90, Code of Civil Procedure for setting aside the sale of the house property in favour of the auction purchaser. The sale dated 11-1-2000 is sought to be set aside on the following grounds :-

(3.) The application is being resisted and contended by the auction purchaser who vide his reply dated 25-10-2000 pleaded that the auction was held in accordance with law and in consonance with the terms and conditions laid down by this Court in the proclamation order. The entire sale consideration was deposited in Court within the stipulated period and the sale stood validly confirmed. The sale certificate also stands issued in his favour. Collusion between the decree holder and auction purchaser was denied. Objections as to limitation and maintainability of the application were also raised.