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1961 Supreme(AP) 143

CHANDRASEKHARA SASTRI, P.CHANDRA REDDY
Mudragada Suryanarayanamurthi – Appellant
Versus
Southern Agencies, Rajahmundry – Respondent


SASTRY, J.

( 1 ) THE appellant in this appeal is the judgment -debtor in O. S. No. 191/53 on the file of the court of the District Munsif , Rajahmundry. The 1st respondent in the appeal is the decree-holder and the 2nd respondent is the person who bid at the auction held in execution of the decree in E. P. No. 63/55. The sale in execution of the decree in E. P. No. 63/55 on the file of the District court, Rajahmundry was held on 3-8-1957 and the 2nd respondent herein became the highest bidder. He deposited 1/4th of the bid amount on that date as required by Order 21, Rule 84 of the civil procedure code and the balance i. e. , 3/4ths of the bid amount within 15 days as required by Order 21, Rule 85 C. P. C. Within the said 15 days, the 2nd respondent deposited for the sale certificate, but the correct amount to be deposited for the general stamp for the sale certificate as calculated with reference to Articles 16 and 20 of schedule I-A of the stamp Act as applicable in the state of Andhra Pradesh was Rs. 45. 00 and not Rs. 36. 00. When this mistake was discovered, the 2nd respondent deposited the balance of Rs. 9. 00 towards the general stamp on 8-10-1957. This admittedly, is beyond









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