Govindan v. Nagendran
Case brief
What is this about?
A civil revision petition challenging an order denying condonation of delay in depositing sale certificate charges. The Court held Order 21 Rule 85 is directory, not mandatory, allowing the Court to extend time. The impugned order was set aside.
What did the court decide?
Impugned order dated 16.09.2010 set aside; Petitioner directed to deposit sale certificate amount with 6% interest within one month.
What the court decided
C.R.P. (NPD) (MD)No.1239 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2019 CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P. (NPD) (MD)No.1239 of 2011 and M.P(MD) No.1 of 2011
Govindan ... Petitioner/Petitioner Auction Purchaser Vs.
1.Nagendran : 1st Respondent/1st Respondent/Respondent/ Defendant/Judgment Debtor 2.Alagumalai : 2nd Respondent/2nd Respondent/Petitioner/ Plaintiff/Decree Holder
PRAYER:- Civil Revision Petition filed under Section 115 of Civil Procedure Code, against the fair and decretal order dated 16.09.2010 passed in unumbered E.A. - of 2010 in E.P.No.90 of 1999 in O.S.No.533 of 1998 on the file of District Munsif Court, Thirumangalam.
For Petitioner : Mr.R.Subramanian For R-1 : Mr.M.Gnanagurunathan For R-2 : No appearance
ORDER
The interesting question that arises for consideration in the above civil revision petition is whether the non payment of the sale certificate charges / sale certificate would render the entire auction sale null and void and give rise to a situation contemplated under Order 21 Rule 86 of Code of Civil Procedure.
Issues for consideration
3 issues framed by the court
Whether the non-payment of sale certificate charges renders the entire auction sale null and void.
Whether the provision of Order 21 Rule 85 of the Code of Civil Procedure is mandatory or directory.
Whether the High Court can extend the time for depositing purchase money and sale certificate charges.
Parties & counsel
- petitioner
Govindan
- respondent
Nagendran
- respondent
Alagumalai
Coram
Case details
As recorded by the court registry
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