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2002 Supreme(Mad) 492

P.SATHASIVAM
Padmini Ammal – Appellant
Versus
Indian Bank Rampakkam Branch – Respondent


Advocates Appeared
Mrs. Krishnaveni, for M/s. T.R. Rajaraman Advocate for Petitioner. Mr. V. Raghavachari, Advocate for Respondent No.2 for R.2.

Judgment :

1. The Judgment Debtor-1 in O.S.No.121 of 1991 on the file of the Principal Subordinate Judge, Villupuram is the revision petitioner. She filed the above revision against the dismissal of her application filed under Section 148 of the Code of Civil Procedure (In short "C.P.C."). The petition filed under Order 21, Rule 90, came up for hearing before the Court below on 23.8.2001 and she made an endorsement to the effect that she agrees to deposit the amount due under the auction before 24.9.2001, failing which her application may be dismissed. Since she could not deposit the amount before 24.9.2001, she filed an application on 25.9.2001, for extension of time under Section 148 of C.P.C. and also a petition under Order 34 Rule 5 of C.P.C. for deposit of the amount. The learned Subordinate Judge, after dismissing her application filed under Order 21 Rule 90 of C.P.C. rejected the said application on 28.9.2001, hence, the present revision.

2. Heard the learned counsel for the petitioner as well as the second respondent.

3. The petitioner herein who is a Judgment Debtor No.1 has filed a petition under Order 21 Rule 90 of C.P.C. to set aside the sale. In that petition she made


















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