Report No. 139

1.2. The perspective of the report.-

We are, in this report, concerned with a point arising out of the Code of Civil Procedure, 1908, relating to the time for making a deposit which is to accompany an application to set aside an execution sale. The relevant statutory provisions will be set out and the case law on the subject will be discussed later, in due course.1

At the present stage, it will suffice to state that the provision with which we are concerned is resorted to by litigants very frequently in courts and is, therefore, of considerable practical importance and unless the discrepancy is removed serious injustice would ensue to the persons wanting to save the property from a forced sale. As our attention has been called to this discrepancy between the relevant provision in the Civil Procedure Code2 on the one hand and the connected provision in Limitation Act,3 it has been considered desirable to study the subject and present a report thereon in order to remedy the lacuna in the law.

1. Chapter 2, infra and Chapter 3, infra.

2. Order XXI, rule 92(2), C.P.C.

3. Article 127, Limitation Act, 1963.