( 1 ) THE present C. M. A. is filed by the Judgment Debtor/4th defendant aggrieved by the order of the learned Principal Subordinate Judge, Tenali in e. A. No. 291/1991 in E. P. No. 32/1987 in O. S. No. 587/1983 dated 16-7-1997.

( 2 ) THE plaintiff filed suit for recovery of the amount and obtained a decree. In execution of the said decree, the landed properties belonging to the defendants were brought to sale and auction was held on 4-4-1991 for a sum of Rs. 82,000/ -. It is the case of the Appellant that she deposited the amount into the Court on 3-6-1991 and filed an application under Order XXI Rule 89 read with Section 151 of C. P. C. for setting aside the sale of her property held on 4-4-1991. It is also her case that the Court was closed for summer vacation from 27-4-1991 to 2-6-1991 and therefore the application to set aside the sale was filed on 3-6-1991 i. e. , on reopening day and therefore the application was within time. The application was resisted by the Decree Holder stating that the deposit ought to have been made within 30 days from the date of the sale and therefore there was non-compliance of Order XXI Rule 92 (2) C. P. C. The lower Court after