KANHAIYALAL Vs. SENSMAL

JUDGEMENT

(1.) THIS is an appeal by Kanhaiyalal decree-holder against the order of the Civil Judge, Sojat, setting aside a sale under OXXI, r. 84 on the ground that the decree-holder auction purchaser had not deposited 25% of the purchase money as required by O. XXI,r. 84 (1) C. P. C.

(2.) THE fact are that certain property was ordered to be sold and 25th of May, 1953, was fixed for the sale. On that day, the decree-holder applied to the executing court for permission to bid at the auction and also prayed that the amount realized by sale be set-off towards his decree. THE court passed an order this application in the following terms - "the decree-holder is permitted to bid at the sale. " Nothing was said about the other prayer made by the decree-holder, namely that the purchase money be set-off towards his decree.