AIR 1962 ANDHRA PRADESH 334 ::(1962) 1 Andh WR 139 ::(1962) 1 AndhLT 168 ::ILR (1963) A P 267

Andhra Pradesh High Court

Hon'ble Judge(s): P. Chandra Reddy , C.J. AND K. V. L. Narasimham , J

(A) Civil P.C. (5 of 1908) , O.21 R.85, O.21 R.86— Failure to comply with provisions of Rule 85 - Sale becomes ineffective - Civil Rules of Practice, Rules 157 and 158 - Necessity of obtaining Challan before deposit of money - Party applying for challan within time prescribed by Rule 85 - Party not getting challan in timer through inaction of Court - Maxim "actus curiae neminem gravabit" applies - In such case there is compliance with Rule 85 and Rule 86 is not attracted. Rule 85 (Andhra Pradesh) of O.21, Civil P.C, is mandatory; the omission to satisfy the requirement of that rule vitiates the execution sale. Where, therefore, the auction-purchaser fails to supply the general stamp for the certificate or to deposit the value or amount required for the stamp as required by Order XXI Rule 85, the sale held is ineffective and the Court is bound to resell the property : Rules 157 and 158 of the Civil Rules of Practice insist on a challan being obtained before payment can be made into court; without a challan, a deposit cannot be made. And even after taking this first step by the auction-purchaser, if the Court does not issue the challan in spite of the application for it by the party before the expiry of the prescribed period, he is not in a position to fulfil the obligations cast by Rule 85. So, the non-observance of the terms of Rule 85 is not ....