Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Order 21 Rule 84-Deposit by purchaser-Immovable property- |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908:Order 21 Rule 84-Deposit by purchaser-Immovable property-Auction sale of-Immediate deposit of 25% of purchase money-Consequences on default-Immovable property sold in auction sale to the highest bidder-As the said sale was conducted at about 4.00 p.m. and keeping in view of the fact that the banks at that time were closed, the Court directed the auction purchaser to deposit 25% of the sale amount by the next day-Auction purchaser deposited the said amount on the next day and also deposited the full purchase money within the stipulated time in terms of O 21 R. 85-However, the Executing Court set aside the auction sale on the grounds that 25% of the purchase money was not deposited on the day of the auction sale and also the auction sale was confirmed before the expiry of 30 days-High Court affirmed the said decision-Correctness of-Held: In a given situation, the term "immediately" may mean "within a reasonable time"-Where an act is to be done within a reasonable time, it must be done immediately-The auction purchaser could not deposit 25% of the purchase amount on the same day of auction sale as the banks were closed at that point of time-Hence, deposit of 25% : of the purchase money on the next day did not render the auction sale void-The auction sale cannot be set aside merely because it was confirmed within a period of 30 days from the date of acceptance of the bidInterpretation of Statutes:Principles of construction-Literal Rule-Held: Where literal meaning leads to anomaly and absurdity, it should be avoided-Common sense, construction should be taken recourse to in certain cases. Words & Phrases:"Immediately"-Meaning of-In the context of Order 21 Rule 84 of the Code of Civil Procedure, 1908.Maxims:"Actus Curiae neminem gravabit" and "Lex non cogit ad impossibilia "-Meaning of-Explained. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 70 |
Petitioner | Rosaliv. |
Respondent | Taico Bank And Ors. |
SCR | [2007] 1 S.C.R. 1169 |
Judgement Date | 2007-01-23 |
Case Number | 6129 |
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