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Report No. 139

4.4. Recommendation.-

In the light of what we have stated above, our urgent recommendation is that in Order XXI, rule 92(2), of the Code of Civil Procedure, 1908, the words "within sixty days" should be substituted for the words "within thirty days". And the recommendation should be made applicable to pending matters and matters which have not been concluded in the Courts by giving it retrospective or retroactive effect for the reason being mentioned presently.

4.5. This part of the recommendation is being made, as the Supreme Court judgment in Basavantappa's case rendered in 1986 held the field till it was overruled in P.K. Unni's case in (1990) 2 SCC 378: AIR 1990 SC 933 and the failure to amend did not result in prejudice to the concerned judgment-debtors till 1990. But, now that the situation has altered, the judgment-debtors who have acted on the interpretation of the law which was upheld even by the Supreme Court in Basavantappa's case in 1986, will suffer grave detriment and their fate will be prejudicially affected by the latest law as declared in Unni's case in 1990.

It is, therefore, essential that the amendment should be made retrospective or retroactive in the sense of making it applicable to all pending matters not finally concluded by the Courts till the enforcement of the proposed amendment. We, therefore, recommend accordingly in the hope that the pressing need for the amendment and of doing so urgently will be realized and serious injustice to the unfortunate judgment-debtors or the persons having interest in the auctioned properly, prevented.

M.P. Thakkar,

Y.V. Anjaneyulu,

P.M. Bakshi,

Mahesh Chandra,

G.V.G. Krishnamurty,

New Delhi,
Dated: 4th April, 1991.

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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