Judgment

THOMMEN, J.:- Special leave is granted.

2. This appeal arises from the judgment of the Madras High Court in A.A.O. No. 421 of 1983 (reported in 1987 (2) Mad LJ 3). The sole question that arises for consideration is as regards the period of limitation for making a deposit to make an application under Rule 89 of Order XXI of the Civil Procedure Code, 1908 to set aside sale of immovable property sold in execution of a decree. Has the deposit to be made within 30 days from the date of sale as required by sub-rule (2) of Rule 92 of Order XXI or within 60 days from the date of sale as provided in Article 127 of the Limitation Act, 1963?

3. The High Court by the impugned judgment held that Article 127 governed the period of limitation to make a deposit in terms of Rule 89. In coming to that conclusion the High Court followed its earlier decision in Thangammal v. K. Dhanalakshmi, AIR 1981 Madras 254 and the decision of this Court in Basavantappa v. Gangadhar Narayan Dharwadkar, (1986) 4 SCC 273. In the latter decision, a Bench of two-Judges of this Court held that Thangammal (supra) was correctly decided on the point and the deposit made within 60 days from the date of sale was well