Order 21 rule 84 and 85
stolenheart
(Querist) 03 March 2022
This query is : Resolved
If a high court passes order for the auction of a decree property and gives a timeline of its own - that is not as per rule 85 and 86 of order 21 CPC, can this be challenged? In the present case, in place of time period of deposit of 25% immediate after auction and balance within 15 days, the court has published the time period to one month and three months respectively.
In place of approaching the court thru a writ petition, is there any mechanism whereby I can point out to the court its mistake directly?
Dr J C Vashista
(Expert) 04 March 2022
@ Stolen Heart,
The subject property shall be auctioned and realisation has to be deposited within time frame, if time frame is not adhered, move an application before executing Court as the provision of Rule 85 of Order XXI CPC prescribes "The full amount of the purchase-money payable shall be paid by the purchaser into Court before the Court closes on the fifteenth day from the sale of the property."
Rule 86 of Order XXI CPC provides procedure in default of payment.
P. Venu
(Expert) 04 March 2022
The High Court could be approached in a Writ of Certiorari under Article 227.
