In pursuance of a decree passed against the appellant (judgment debtor) the judgment creditor took out cxcution proceedings. An auction sale of the factory belonging to the appellant was ordered by the executing court. In pursuance of that order the Amin (lhe auction officer) held an auction sale on September 10, 1962. Respondent No. I was held to be the highest bidder for Rs. 2,45,000/-. The appellant challenred th auction sale alleging that the Amin had not realised I/4th of the sale proceeds immediately after the said auction was closed as required by 0. 21 R. 84 of the Code of Civil Procedure. His case was that the Amin realised the said amount and deposited it in the Treasury on September 11. 1962. The appellant thereafter filed an application under 0. 21 R. 84 before the Civil Judge, Aligarh. Respondent No. 1 contested that application stating that he had tendered the said amount immediately after the auction, that the said amount being large the Amin hesitated to accept it in cash as it was too late that day lo deposit it in the Treasury. He also alleged that lhe Amin wanted to know whether he could accept a cheque instead of cash and therefore took Chhotelal, his representative, along with him to the residence of the Munsif, Hathras, to take direclions. Leaving Chhotelal in the car outside the Munsif's residence, the Amin went in to consult the Munsif if he could accept a cheque but the Munsif advised him to take cash. Thereafter the Amin returned to the car where he accepted the,.<>aid amount from Chhotelal and issued there and then a receipt therefor. The respondent's case therefore was that he offered the amount immediately, that is was no fault of his that the Amin did not then accept it, and that it was paid in any event soon after the auction and therefore payment was in consonance with 0. 21 R. 84.
