SEBASTIAN Vs. OFFICIAL RECEIVER DISTRICT COURT KOTTAYAM
LAWS(KER)-1967-2-29
HIGH COURT OF KERALA
Decided on February 10,1967

SEBASTIAN Appellant
VERSUS
Official Receiver District Court Kottayam Respondents

JUDGEMENT

- (1.) The sale of the buses was under O.21 R.77 of the Code. No confirmation by the Court is contemplated; the sale became absolute on payment of the purchase money. The petitioner judgment debtor's application to the court to desist from confirming the sale and to order a resale on the ground of material irregularity was clearly incompetent under O.21 R.78 his remedy, if any, lay in a suit and it is a little difficult to understand what the learned Subordinate Judge meant when he directed the petitioner to deposit the sale amount and commission within five days in default of which the sale would be confirmed. That was an illegal exercise of jurisdiction in the petitioner's favour which the petitioner of all persons cannot complain and C. R. P. 1306 of 1966 against that order is hereby dismissed with cost.
(2.) The petitioner did not make the deposit within the five days allowed and the learned Subordinate Judge rightly declined to aggravate his error by allowing the petitioner further time. C.R.P. 316 of 1965 against the dismissal of the petitioner's application for the purpose is therefore dismissed with costs. The petitioner will be entitled to withdraw any money he might have deposited in compliance with the direction dated 18-10-1966 in C. R. P. 316 of 1965.;


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