LAXMI NARAYAN SINGH Vs. UMESH PD AGRAWAL

JUDGEMENT

(1.) THE auction purchaser is the petitioner in this civil revision application against the order dated 21.7.93 by which the court has refused to set aside he compromise arrived at between the judgment debtor and the auction purchasers namely the petitioner.

(2.) IT appear that the opposite party no.2, the Gaya Municipality filed a suit for realization of the certain amount by way of tax, which was registered as Money suit no. 35 of 1960 against the defendant. The money suit was decreed and the holding in question, which is three storied building in the town of Gaya, was put on auction sale in Execution case no. 129 of 1970. The petitioner auction purchaser has appeared in the execution proceeding and sought permission to participate in the auction sale. The auction took place on

(3.) 6.1987 were the bidder. 3. The petitioner offered 19,810 80 paise an the bid was accepted by the executing court and the aforesaid bind amount was deposited in two instalment and the sale was confirmed on 29.7.1987. On 17.3.1989, the judgment debtor filed an application purported to be under Order 21 Rule 59 for setting aside the sale, which was registered as Misc. Case no. 3 of 1989. The petitioner filed an objection and also prayed for delivery of possession. On 6.7.91, the judgment debtor filed a rejoinder on the ground that though the sale certificate was signed on 21.1.1988, yet the auction purchaser had not applied for delivery of possession for three years. It is alleged that on 9.8.91, a joint compromise petition was filed duly signed by the petitioner as well as the judgment debtor, which was accepted on the report of the Saristedar dated 13.1.91, but it appears that on 21.2.91, the auction purchases namely the petitioner filed an application challenging the alleged compromise on the ground of fraud. The Court of consideration of the materials and evidence on record has rejected the petition of the petitioner and held that the compromise arrived at between the parties are legal and valid. Learned counsel for the petitioner has assailed the order impugned on the ground that the very objection filed by the judgment debtor under order -21 Rule -59 for setting aside the sale is barred by limitation in terms of Article -127 of the Limitation Act.