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1982 Supreme(Guj) 145

N.H.BHATT
RAMANLAL NAGINDAS JARIWALA – Appellant
Versus
STATE BANK OF INDIA, UDHNA – Respondent


Advocates Appeared: GOVIND V.PATEL, RAMESH A.MEHTA, S.H.SANJANWALA

N. H. BHATT, J.

( 1 ) THESE two revision applications respectively by the original defendant No. 4 and by the original defendants Nos. 1 and 3 are directed against the order of the executing court in the Special Darkhast No. 61 of 1971 pending in the court of the Civil Judge (S. D Surat. The challenge is laid against the acceptance of the bid at the court auction the auction purchaser being the respondent No. 2 Hitendrakumar Jashwantlal Jariwala. The objection to the auction sale is based on the alleged irregularities and illegalities alleged to have been committed in the matter of conducting the auction sale.

( 2 ) ). In the latter of the two revision applications Mr. Sanjanwala has raised one neat question of law by recourse to Order 21 Rule 86 of the Civil Procedure Code. His submission is that after deposited 25% of the purchase price spontaneously the auction purchaser had failed to deposit the remainder of 75% within 15 days of the date of acceptance of the bid and this having been not done that by itself vitiated the entire proceedings and nothing further remained to be done in the matter.

( 3 ) ). As far as the objections on the merits or the procedural aspect of the auction













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