( 1 ) THIS revision has been preferred by the auction-purchaser against the order of the Tenth Additional Judge, to the Court of District Judge, Indore dt. 01-03-1988 passed in Civil Execution Case No. 14 of 76, whereby the sale of the property which was confirmed has been declared as a nullity and the same has been ordered to be resold.

( 2 ) BRIEF facts leading to this revision petition are that the non-application No. 1 decree-holder Bank of Baroda obtained a decree against non-applicants Nos. 2, 3 and 4. In execution of the decree for realisation of an amount of Rs. 61,008. 22 p. the immovable property of the judgment-debtors was put to auction on 24th April, 82. The final bid was struck down at Rs. 62,000/- which was accepted in favour of the applicant auction-purchaser. The auction-purchaser deposited Rs. 10,000/- in cash towards 1/4th amount of the purchase money and for the balance of Rs. 5,500/- moved an application on the same day that because the Banks are closed he could not deposit the balance amount in cash and, therefore, he be allowed to deposit the said amount by cheque. The Court ordered to accept the said amount by cheque. The cheque which was hand