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1991 Supreme(SC) 625

K.RAMASWAMY, M.H.KANIA, M.M.PUNCHHI
Mangal Prasad – Appellant
Versus
Krishna Kumarmaheshwari – Respondent


JUDGMENT

 The appellants in this appeal are the judgment-debtors, the respondent No. 3 is the auction-purchaser and respondent No. 1 is the decree-holder .The facts leading up to this appeal are as follows:

The respondent No. 1 obtained a money decree against the appellants for Rupees 28,585.85 paise. A house and shop belonging to the appellants were sold at an auction sale in execution of this decree and was purchased by respondent No. 3. On February 4,1976 the appellants filed objections under S. 47 of the Code of Civil Procedure and prayed to set aside the auction sale. On February 6, 1976 the appellants deposited the entire decretal and other requisite amounts in Court and prayed for setting aside the sale under 0. 21, R. 89 of the said Code. On 17th April, 1976 the appellants had their objections under S. 47 of the said Code dismissed on the ground that the same was not pressed. On May 1, 1976 the learned Civil Judge rejected the application of the appellant under O. 21. R. 89 of the said Code on the ground that that was in effect an application under O. 2 1, R. 90 of the said Code and the present one was not maintainable on the ground that such an application could not have bee





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