Case Note & Summary
The Supreme Court addressed the question of the limitation period for making a deposit in an application to set aside a sale of immovable property under Order XXI Rule 89 of the Code of Civil Procedure, 1908. The case arose from a decree obtained on 25th February 1980, leading to the sale of the judgment-debtor's property on 22nd November 1982. An application was filed on 21st January 1983, which was dismissed by the executing court for not being within the 30-day limit prescribed under Order XXI Rule 92(2). The Andhra Pradesh High Court later allowed the appeal, interpreting that the judgment-debtor should benefit from the 60-day period under Article 127 of the Limitation Act. The Supreme Court examined the harmonization of these provisions, referencing previous judgments, including Basavantappa v Gangadhar Narayan Dharwadkar and P.K. Unni v. Nirmala Industries. The court concluded that Order XXI Rule 92(2) does not prescribe a strict limitation for deposits, allowing for discretion in accepting deposits made within the 60-day period. The court dismissed the appeal, affirming the High Court's interpretation and clarifying that the deposit could be made within the extended period. No costs were awarded.
Headnote
A) Civil Procedure - Limitation Period for Deposit - Period of Limitation for Deposit in Sale Set Aside Applications - Code of Civil Procedure, 1908, Order XXI Rule 89, Order XXI Rule 92 - The court held that the period for making a deposit under Order XXI Rule 92(2) is not prescribed and can be made within the 60 days period under Article 127 of the Limitation Act. The court found no contradiction between the two provisions and clarified that the deposit can be made within the extended period of limitation for filing an application to set aside a sale (Paras 2, 18).
Issue of Consideration
Whether the period of limitation for making a deposit in an application to set aside sale of immovable property is 30 days or 60 days.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's decision that the deposit could be made within the 60-day period under Article 127 of the Limitation Act, as Order XXI Rule 92(2) does not impose a strict limitation for deposits.
Law Points
- Limitation period
- deposit
- application to set aside sale
- Order XXI Rule 89
- Order XXI Rule 92
- Article 127 Limitation Act
