DAGDU Vs. SURESHCHANDRA

JUDGEMENT

(1.) THIS revision petition under section 115 of the Code of Civil Procedure is directed against the order dated 12.7.95 passed by the Add\. District Judge Mandsaur in Civil Execution Case No. 2 -B/83/87 thereby accepting the offer of Rs. 72,000/ - in the face of the highest offer being Rs. 73,000/ - on the ground of absence of the bidder Sukhram and directing further proceedings in that matter.

(2.) BY order dated 8.11.95, further proceedings in the execution were directed to remain stayed. By order dated 22.9.97, this order was modified to remain operative to the question of auction of house only. However, the counsel for the parties submitted that further proceedings suffered eclipse despite modification in the order by this Court. Placing reliance on AIR 1920 Madras 911 (Rajah of Bobbili v. Akkella Suryanarayan Rao Guru and others) and 1971 JLJ 441 (Vishan Swaroop v. Omprakash and others), the counsel for the applicant submitted that the executing Court had no jurisdiction to accept the offer of lesser amount of Rs. 72,000/ -. According to him, once higher amount was offered, bid of lesser, amount was to be treated as non -existent and inoperative.

(3.) IN the circumstances, I allow this revision petition, dislodge the order dated 12.7.95 with direction as noted below : - -