GORUSINGH Vs. DEOKISHAN

JUDGEMENT

(1.) THIS is an auction-purchaser's revision application against an order of the executing court refusing to accept a bid made by him at a court sale held on 6th August, 1959, which was accepted by the Sale Amin. The order was confirmed on appeal by the learned District Judge.

(2.) THE judgment-debtors owned 1/6 share in a house which was sold on 24. 4. 1959 for Rs. 231/- in favour of one Udairaj. This sale was set aside on 25. 5. 1959 and the property was ordered to be resold on 4th, 5th and 6th August, 1959. On 4th and 5th August, 1959, no one offered any bid. On 6th August, 1959 Gorusingh applicant offered a bid of Rs. 53/-which was accepted by the Sale Amin. Gorusingh deposited 1/4 of the purchase money forthwith and presented a tender on 8. 8. 1959 before the executing court for the balance. On the same day, the decree-holder filed an application praying that the bid should not be accepted as it was grossly inadequate and on account of collusion between the judgment-debtor and Gorusingh, no one had offered any higher bid. THE executing court heard the decree-holder, the auction purchaser and the judgment-debtor on 8. 8. 1959 and reserved orders on the application of the decree-holder. On 11. 8. 1959 he asked the parties to file affidavits in support of their respective allegations. After these affidavits had been filed, he passed an order on 22. 8. 1959 refusing to accept Gorusingh's bid of Rs. 53/ -.