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Report No. 139

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

So far as the period of limitation for the deposit to accompany an application to set aside an execution sale is concerned, it is 30 days, by virtue of the provision contained in Order XXI, rule 92 of the Code of Civil Procedure, 1908. The material parts of that rule are quoted below:-

"92. Sale when to become absolute or be set aside.-(1) Where no application is made under rule 89, rule 90 or rule 91, or where such application is made and disallowed, the Court shall make an order confirming the sale, and thereupon the sale shall become absolute:

Provided that, where any property is sold in execution of a decree pending the final disposal of any claim to, or any objection to the attachment of, such property, the Court shall not confirm such sale until the final disposal of such claim or objection.

(2) Where such application is made and allowed, and where, in the case of an application under rule 89, the deposit required by that rule is made within thirty days from the date of sale, or in cases where the amount deposited under rule 89, is found to be deficient owing to any clerical or arithmetical mistake on the part of the depositor and such deficiency has been made good within such time as may be fixed by the Court, the Court shall make an order setting aside the sale:

Provided that no order shall be made unless notice of the application has been given to all persons affected thereby.

(Emphasis added)




Thus, the deposit of the requisite amount which must accompany the application must be made within 30 days.

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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