The limitation for making an application for setting aside the sale and for making the deposit under the law as it stands today is 60 days. The general provision of Order 21, Rule 92(2) of the Code of Civil Procedure, which prescribed a period of 30 days for making the deposit, must yield to the special provision of Article 127 of the Limitation Act, which prescribed a period of 60 days.

( 1 ) THIS is an application for setting aside a sale under the provisions of O. 21 R. 89 of the Code of Civil Procedure, 1908. The facts leading to the making of the present application may be briefly noted.

( 2 ) IN or about 1950, the Pioneer Bank Limited (in liquidation) (hereinafter referred to as the Bank) instituted two suits being Suits Nos. 3782 of 1950 and 3553 of 1950 against one Baroda Kanta Das on or about the 9th April, 1951. The two suits were decreed in favour of the Bank against Baroda Kanta Das for a total sum of Rs. 1,23,525/1/ -.

( 3 ) BARODA Kanta Das, the judgment-debtor in the two decrees died intestate on the 14th Dec. 1970.

( 4 ) LONG after the death of Baroda Kanta Das, the Bank started execution proceeding against the heirs of the judgment-debtor for the recovery of Rs. 2,78,000/- inclusive of accrued interest and costs. Bimalendu Das, the applicant herein was described as one of the judgment-debtors in these execution proceedings. The Bank also levied writ of attachment upon the immovable properties left by Baroda Kanta Das in two plots being Plot No. I and Plot No. II. From the Schedule of Properties it appears that these are plots in Silchar and structures are standing therein.

( 5 ) THEREAFTER, the Court Liquidator who was appointed Receiver in the execution proceedings by this Court took steps to sell the properties which were under attachment. The Court Liquidator as Receiver also took steps to advertise for sale of the properties inviting offers under sealed cover. The advertisement was issued in the Statesman of the 16th July, 1981 and in a Bengali Daily in Assam on the 18th July, 1981.

( 6 ) ON the 5th Aug. 1981 on an oral application of the judgment-debtors including Bimalendu Das, Salil Kumar Roy Chowdhury, J. (as his Lordship then was) passed the following order: "it is now alleged that plot No. I in the advertisement is the residential property which is again disputed by the Court Liquidator. For the time being the Plot No. 1 will be excluded from this sale. But let the other properties be sold i. e. , rest of the properties be sold including the property at Fulartal, Silchar and after all these sales if the sale proceeds of these properties after being collected from the highest bidders or bidder to be sufficient to cover the claim then the decree will stand satisfied and if the sale proceeds do not satisfy the claim of the Court Liquidator then the Liquidator is given leave to apply before the Court for obtaining further orders. It is also recorded in this connection that if the judgment-debtors pay Rupees one lakh (Rs. 1,00,000/-) to the Court Liquidator before the date of sale then the sale will be postponed and the amount will be accepted in full satisfaction of the claim of the Court Liquidator if it is paid before 11-8-1981. The Court Liquidator, Judgment-debtor and all parties to act on a signed copy of the Minutes for usual undertaking".

( 7 ) IN the affidavit of Bimalendu Das affirmed on the 17th Dec. , 1981 it is stated that only six days were allowed to the judgment-debtors to deposit a sum of Rupees one lakh with the Court Liquidator. It is stated that the deponent is a diabetic and also suffers from heart ailments. Although the deponent was extremely keen to save the ancestral property from sale he could not come down to Calcutta from Assam with the sum of Rupees one lakh by the stipulated time.

( 8 ) ON the 17th Aug. , 1981 the deponent came down to Calcutta and contacted Pulak Chandra Das, an advocate of this Court and learnt from him that on 13th Aug. 1981 Salil Kumar Roy Chowdhury, J. (as his Lordship then was) passed an order directing the Court Liquidator to accept the offer of Rupees one lakh twenty seven thousand (1,27,000) from one Kutabuddin Soni Laskar and complete the sale of the property upon receipt of the balance of the purchase price. The order dated the 13th Aug. 1981 is in the following terms:"re : - Plot II of the sale notice : The of