- (1.) THIS is an appeal by the judgment-debtors, arising out of an objection under Section 47, C.P.C. 1. A number of objections were taken by the judgment-debtors before the executing court The only objection which was pressed in this appeal was that as provided under Order XXI, Rule 84, C.P.C. the decree-holder had to deposit 25 per cent of the purchase money at the fall of the hammer and as no such deposit was made by the decree-holder, the sale was invalid.
(2.) ORDER XXI, Rule 84 (2) lays down that in case of a decree-holder who is entitled to set off of the purchase money 1 under Rule 72, the Court may dispense with the requirements of Order XXI, Rule 84 (1). Learned counsel for the appel lants contended that in order to apply sub-rule (2) of Rule 84 of Order XXI, it was necessary that the decree-holder should have obtained permission of the executing court that he should be exempted from de positing 25 per cent of the purchase money on the fall of the hammer. In support of his contention, learned counsel for the ap pellants relied on a decision of the Andhra Pradesh High Court in, S. Pundarikaksha rao v. Lingareddi Venkatareddi, AIR 1966 Andh Pra 201. In' this case a Single Judge considered a Supreme Court decision in Manilal Mohanlal Shah v. Sardar Sayed Ahmad Sayed Mahmad, AIR 1954 SC 349, and observed that the Supreme Court laid down that it was mandatory for a person other than a decree-holder to follow Rule 84 (1). The Single Judge observed that this observation did not mean that the aforesaid provision was not mandatory for the decree- holder.
(3.) THE law laid down by the Supreme Court in this regard is as fol lows: '"The provision regarding the deposit of 25 per cent, by the purchaser other than the decree-holder is mandatory as the lan guage of the Rule suggests." The words "other than the decree-holder" has a special significance. The case of the decree-holder was examined by the Supreme Court on the simple ground that Rule 84 (2) provided that the Court may dispense with the requirements of Rule 84 (1) in case of a decree-holder, if he was entitled to set off of the purchase money under Rule 72. ;