Order XXI rule 89 Section 151 of CPC
Nirmal Joseph
(Querist) 20 October 2010
This query is : Resolved
Hi,
The following is the extract of an order. Please go through and provide your valuable suggestions.
A Petition was filed under Order XXI rule 89 Section 151 of CPC to set aside the sale of A & B Scheduled properties held on 11.03.2010 and 25.03.2010. The Petitioner is the respondent in an EP. The A & B Schedule properties in EP were proclaimed for sale on 11.03.2010 and the amount specified in the proclamation of the sale is Rs.14Lakhs. (But the present Market value of the property is more than two Crores)
The Amended order 21 Rule 92 (2) required in case of an application under Order 21 Rule 89 the deposit to be made within 60 days from the date of sale.
The Application in question and the amount under sale proclamation were made on 31.05.2010 which is beyond 60 days period because the Court was on vacation. The Hon’ble Judge pointed out that though during the course of the argument the Petitioner’s Counsel said that the amount could not be deposited before the expiry of the 60days due the court vacation, the affidavit filed in support of the Petition did not explain as to why the Petitioner did not move the vacation Court for the same purpose. Stating this reason, the application was dismissed.
I have the following quarries:
Is it possible to file the application and make the payment in vacation court?
If so, because there is a delay of few days, would a proper delay connotation application save the petitioner?
Can the petitioner go for an appeal?
If possible, under what grounds?
Thanks,
Nirmal
adv. rajeev ( rajoo )
(Expert) 20 October 2010
During the vacation amount wont be accepted by the civil courts because register remains closed. In vacation court such transactions will not be considered and those courts only for urgent releif.
You will have to approach the high court against the order.
s.subramanian
(Expert) 20 October 2010
The approach of the court is basically erroneous and absolutely perverse and unsound. The option is vested with the party to approach the vacation court,if he desires only. The party's right to wait for the reopening cannot be curtailed or taken away on this ground. File a revision before the High court and you will succeed.
pawan sharma
(Expert) 20 October 2010
yer approach to high court.
Devajyoti Barman
(Expert) 20 October 2010
Making any application for relief in the vacation court depends upon the nature of relief sought fro. Generally every application can not be filed in the vacation court. So you have to check whether that sort of application could have been filed in the vacation court at the first place. Otherwise you could always take the plea of the vacation for the delay which is also permissible under the Limitation Act.
Nirmal Joseph
(Querist) 24 October 2010
The order was dated 05.10.2010.
Application for order was made on 07.10.2010.
Order copy was received on 18.10.2010.
In this case before what date should the CRP be filed?
I believe within 30 days from the date of order + the days lost between the date of application and receipt of the order (that is 11 days). That means before 15.11.2010.
Am I right?
Should I apply for a stay before 03.11.2010 to prevent the court making the sale deed absolute, because the order date is 05.10.2010?
Thanks,
Nirmal
