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1974 Supreme(Mad) 26

N.S.RAMASWAMI
Subbammal – Appellant
Versus
P. Gurusamy Thevar – Respondent


Advocates:
K. Venkataswami, for Petitioner; E. Padmanabhan and K. Ramamurthi, for Respondents.

ORDER :- These three revision petitions arise out of execution proceedings. In E. P. No. 36 of 1972 in O. S. No. 116 of 1971 on the file of the court of the Subordinate Judge, Ramanathapuram at Madurai, three lots of properties were sold in court auction in pursuance of one and the same decree and the said three lots were purchased by three different third parties. The respective auction purchasers made the deposit of 25 per cent of the purchase money in accordance with Order 21, Rule 84, C.P.C. The balance of purchase money was also deposited within the fifteen days period as contemplated under Rule 85 of Order 21, However, in each of the three cases, the deposit of general stamp was not proper. Though general stamps had been deposited, the same were deficient in each of the three cases. Eight days after the 15 days period prescribed under Rule 85, the deficient stamps were deposited by the respective auction purchaser and applications were filed for excusing the delay in depositing the said deficient stamps. This was opposed by the judgement debtor, but the executing court has allowed the three execution applications filed by the auction purchasers holding that under the circumst









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