JUDGMENT

Sir Francis W. Maclean K.C.I.E., C.J. - On the 8th of July 1899 the present Appellant became the purchaser of certain property which was put up for sale by auction under a decree in a mortgage suit; and on the same day he made a deposit of 3,200 rupees, the purchase-money of the lot he purchased being 12,600 rupees. Under the seventh condition of sale the abstract of title was to be delivered within seven days from the certificate; and the purchaser was to make his requisitions within ten days after the actual delivery of the abstract and in this respect time was to be deemed as of the essence of the contract and the title was to be considered as approved of and accepted by the purchaser, subject only to such objections and requisitions if any.

2. The abstract was duly delivered within the seven days, but no requisitions or objections were taken by the purchaser within the ten days limited by the condition.

3. On the 19th of August, an order was made in the suit that the present Appellant, the purchaser, should be at liberty to pay into Court the balance of the purchase-money without prejudice to his right to raise any question as to title or compensation; and this order was