SUKUMAR DE versus BIMALA AUDDY & ORS.

SUKUMAR DE versus BIMALA AUDDY & ORS.

Discretion exercised by the High Court in permitting judgment-debtors to deposit the calculated amount and set aside sale was lawful and not erroneous or contrary to law; no substantial question of law; immediate deposit made after order justified setting aside sale.

Parties
Petitioner: Sukumar De; Respondents: Bimala Auddy & Ors.
Jurisdiction
India
Judgment Date
28 October 2013
Procedural Posture
Special Leave Petition (civil) / Dismissal in Limine
Outcome
Special Leave Petition dismissed in limine
Legal Topics
Setting Aside Sale, Execution Proceedings, Discretion of Courts, Article 136 Review
Civil Procedure Setting Aside Sale Execution Proceedings Discretion of Courts Article 136 Review

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Parties

Sukumar De

Petitioner

Bimala Auddy & Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) / Dismissal in Limine

Legal Issues

  1. 1 Whether the High Court's exercise of discretion in granting judgment-debtors another opportunity to deposit the amount and set aside the sale was erroneous or contrary to law
  2. 2 Whether interference under Article 136 of the Constitution is warranted

Ratio Decidendi

Discretion exercised by the High Court in permitting judgment-debtors to deposit the calculated amount and set aside sale was lawful and not erroneous or contrary to law; no substantial question of law; immediate deposit made after order justified setting aside sale.

Court Disposition

Special Leave Petition dismissed in limine

Orders

  • Judgment-debtors allowed to deposit sum of Rs. 42,055.87 within one month; sale stands set aside upon deposit; executing court directed to disburse dues to purchaser and decree holder; stamp duty purchased for sale certificate to be returned to judgment-debtors in accordance with Section 54 of Indian Stamp Act,...