2017 AIR CC 2089 (BOM) ::2017 (3) ABR 730 ::(2017) 2 CivLJ 829

Bombay High Court

Hon'ble Judge(s): K. K. Sonawane , J

(A) Civil Procedure Code (5 of 1908) O. 21, R. 89, S. 148 — Setting aside auction sale on deposit — Application for — Limitation — Period for filing application is 60 days from date of auction sale — Court has no power to extend such time — Moreover S 5 of Limitation Act has no applicability to provisions under O 21 — Dismissal of application filed after 3 days from expiry of limitation proper Limitation Act (36 of 1963), S 5, Art 127 (Paras 10, 11, 12)

(B) Civil Procedure Code (5 of 1908) O. 21, R. 89 — Setting aside of auction sale on deposit — Application for — Limitation — Starting point — Date of sale on which property put to auction agreed to be given to highest bidder would be date of sale for application under O 21, R 89 — Plea that date of confirmation of sale by executing Court would be date of sale — Not tenable The object of Rule 89 is to put an end to dispute of every kind by providing last opportunity to judgment debtor to save property. Application under Order 21, Rule 89 of CPC is required to be made within prescribed period of 60 days from date of sale. Order 21, Rule 92 of CPC provides that where no application is made under Rule 89, 90 or 91 of CPC or where such application is made and disallowed, Court shall make an order confirming sale and thereupon sale becomes absolute. The stage of confirmation of sale is stage lateron after disallowing application under Order 21, Rule 89 of CPC or if no application is made to set aside auction sale on depositing the requisite sum. Therefore, it is fallacious to appreciate that date of sale for application under Order 21, Rule 89 of CPC would be date of confirmation of sale by executing Court and not date on which auction sale has actually taken place. The date of sale on which property put to auction agreed to be given to highest bidder would be date to be .....