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Report No. 139

Chapter III

Law as it obtains today in the Light of the Judicial Decisions

3.1. Present position.-

The net position as regards setting aside a sale on deposit of requisite amount resulting from the relevant statutory provisions as they stand after 1976 is as under:-

(i) An application to set aside an execution sale (which is required to be accompanied by deposit in court of the requisite amount to the decree holder and the auction purchaser) can be made within 60 days (Article 127, The Limitation Act, 1963), and

(ii) The deposit of the aforesaid amount has to be made within 30 days under Order XXI, rule 92(2), C.P.C. and the period of 30 days is inflexible as the provision is held to be mandatory.

Urgent need to amend Order XXI, Rule 92(2) of the Code of Civil Procedure to remove an anomaly which nullifies the Benevolent Intention of the Legislature and Occasions Injustice to Judgment Back

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