VANA KHUSHAL PATIL Vs. RATILAL BHAIDAS

JUDGEMENT

(1.) In this case a decree was transferred to the Collector for execution under Section 1(b) of the third schedule of the Civil Procedure Code. The property was put up for sale by the Mamlatdar on October 26, 1922, and knocked down to the highest bidder who made a deposit on the same day of one-fourth of the sale price. On November 10, the Collector directed that the remainder of the purchase- money should be collected. Under Order 21, Ruse 85, the full amount of purchase- money payable shall be paid by the purchaser into Court before the Court closes on the fifteenth day from the sale of the property.

(2.) However, we are not concerned in this case with the question whether the highest bidder complied with the conditions of the sale.

(3.) On November 27 the applicant brought an application under Order 21, Rule 89, to set aside the sale after making the necessary payment into Court. The lower Court rejected the application as time barred not having been made within thirty days from the date of the sale.