1975 (5) TMI 93

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..... er made on an application under Order XXI, Rule 90 for setting aside a re-sale and is concerned with the scope of the word "forthwith" occurring in Order XXI, Rule 84 of the Code of Civil Procedure. 2. A few more facts are necessary to appreciate the contention urged. In execution of a decree, against the petitioner, his immovable property was brought for sale at 10-45 A. M. on 27th Jul .....

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..... rom the judgment - debtor for setting aside the sale under Order XXI, Rule 90, complaining that there was material irregularity or fraud in publishing or conducting it. The evidence regarding the material irregularity consists of the sole testimony of the judgment-debtor, and in rebuttal the decree-holder has examined himself. 4. The executing Court, after considering the evidence, has held that .....

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..... on conducting the sale, and in default of such deposit, the property shall forthwith be re-sold." 7. In support of the contention counsel relied upon two decisions: (1) Madhao Narayanrao v. Mt. Watsalabai MANU/NA/0087/1947 and (2) Venkatasubbiar v. Akkamma AIR 1930 Mad 761. In Madhao Narayanrao Ghatate's case. Hidayatullah, J., as he then was, observed that the word 'forthwith' .....

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..... sale on the same day was illegal or contrary to Order XXI, Rule 84 of the Code of Civil Procedure. If the interpretation proposed for the petitioner is accepted, it would run counter to the plain meaning of the word 'forthwith'. The word 'forthwith' ordinarily means immediately or without delay, but how soon it should be, all depends upon the facts and circumstances of each case. .....

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..... pted son of the petitioner. He had no interest in buying the property except to sabotage the sale. The Courts below were, therefore, right in holding that there was no material irregularity in conducting the sale. That finding cannot be disturbed in this revision petition. 9. In the result, the petition fails and is dismissed; but I make no order as to costs. 10. Petition dismissed.
Case law .....

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