Deposit of mortgage amount held within time.

S.A. Kader, J.

1. The revision is directed against the order of the first Additional Subordinate Judge, Erode in E.A.No. 283 of 1984 in E.P. No. 69 of 1984. The petitioners in E.A. No. 283 of 1984 are the revision petitioners.

2. The important question that arises for consideration in this revision petition is, whether a mortgagor/defendant is entitled under Order 34, Rule 5, C.P.C to deposit into court all the amounts due from him including 5% of the amount of the purchase money paid by the court auction purchaser and seek redemption of the mortgage till a formal order of confirmation of the auction sale is made by the Court or whether he is bound to deposit the money before the expiry of the period (now 10 days from the date of sale) for filing an application to set aside the auction sale or before an application to set aside the sale is finally disallowed.

2-A. The brief facts of the case necessary for the purpose of this petition are these:-The first respondent herein, which is the Catholic Syrian Bank Limited, Erode, obtained a mortgage decree against the second respondent herein in O.S. No. 340 of 1951 on the file of the Court of the Subordinate Judge, Coimbatore and brought the mortgaged properties to sale in E.P.No. 162 of 1963 on the file of Sub-Court, Erode. In the auction held on 3.7.1980, items 4 to 6 of the mortgaged properties were sold. Item 4 with which we are now concerned fn this revision was purchased by the third respondent herein. Meanwhile one Kandasami has purchased this 4th item in the court auction in execution of a money decree against the second respondent/defendant in O.S. No. 321 of 1958 on 4.3.1963 and taken delivery of the property. After the court auction sale of the 4th item in favour of the third respondent herein in the auction held on 3.7.1980 in the mortgage suit, the aforesaid Kandasami who has purchased the property in execution of the money decree and the revision petitioners herein filed E.A.No. 836 of 1980 under Section 37, C.P.C in E.P. No. 162 of 1963 on the file of the Sub-Court, Erode to set aside the court auction sale in favour of the third respondent held on 3.7.1980. It was contended by the petitioners in the said execution application (E.A. No. 836/80) that the first petitioner/ Kandasami purchased the said property on behalf of the petitioners 2 and 3 in the said execution application and has subsequently released his interest in favour of petitioners 2 and 3 who are the revision petitioners herein. During the pendency of E.A. No. 836 of 1980, the Tamil Nadu Civil Courts and Madras City Civil Court Amendment Act 84 of 1980 came into force enhancing the jurisdiction of the Court of the District Munsif to Rs. 15,000/-and consequently these proceedings in execution pending before the Subordinate Judge, Erode stood transferred to the Court of the District Munsif of Erode. E.P.No. 162 of 1963 on the file of the Sub-Court, Erode was re-numbered as E.P. No. 341 of 1981 on the file of the District Munsif of Erode and E.A.No. 836 of 1980 on the file of the Sub-Court, Erode was re-numbered as E.A. No. 158 of 1981 on the file of the Court of the District Munsif, Erode. The learned District Munsif allowed E.A.No. 836 of 1980, and set aside the auction sale of item 4 in favour of the third respondent herein. The matter came up in revision before this Court in C.R.P. No. 79 of 1982 filed by the third respondent/auction purchaser. This Court by its order dated 14.7.1983 allowed the revision, set aside the order of the District Munsif in E.A.No. 158 of 1981 and directed the District Munsif, Erode to proceed further with the execution petition and dispose of it as expeditiously as possible. But, the District Munsif, Erode did not at once confirm the sale in favour of the auction purchaser the third respondent herein. In the meantime, these proceedings in execution were transferred to the Court of the District Munsif, Bhavani on the constitution of that Court as the property was situate with