- (1.) HEARD learned counsel for the parties.
(2.) THIS petition is directed against a revisional order dated 3.11.1988 by which the auction sale in favour of the petitioner has been set aside. Having obtained a money decree in suit no. 58 of 1972 against the predecessor in interest of the contesting opposite parties, the petitioner filed an Execution Case No.12 of 1975. After rejection of the objections, the agricultural land of the judgement debtor was put to auction on 18.4.1980 wherein the petitioner decree holder was also permitted to bid. His being the highest bid was accepted and he deposited the 25 % and for the remaining 75 % he made a tender to deposit the amount in court on 2nd, May, 1980 and after the tender was passed he deposited the entire sale amount on 6th May, 1980 and the sale was confirmed in his favour and he was put in possession of the disputed property. After more than five years, the respondent filed an objection dated 9th August, 1985 claming that since the amount was deposited within 15 days as provided in Rule 85 of Order 21, the auction sale be set aside. The objection was rejected against which the judgement debtor filed Revision No.75 of 1987, which was been allowed by the impugned order.
(3.) LEARNED counsel for the petitioner has urged that the deposit of the amount was sought to be made well within the 15th day in court, but due to the procedural rules, he had to submit a tender which was passed and thereafter forthwith the amount was deposited and as such the deposit would relate back to the date of submission and passing of the tender. He has then urged that the judgement debtor could not maintain any objection under section 47 after expiry of five years of the confirmation of the said auction sale.;