MANILAL MOHANLAL SHAH AND OTHERS versus SARDAR SAYED AHMED SAYED MAHAMAD AND ANOTHER

MANILAL MOHANLAL SHAH AND OTHERS versus SARDAR SAYED AHMED SAYED MAHAMAD AND ANOTHER

The provisions of rules 84 and 85 of Order XXI CPC requiring the deposit of 25% of purchase money immediately on declaration as purchaser and the balance within 15 days are mandatory. Failure to comply results in the sale being void, and the court must re-sell the property. Inherent powers of the court cannot be used to circumvent these mandatory provisions. The provision in rule 72 regarding decree-holder bidding is directory.

Parties
Appellant: Manilal Mohanlal Shah and Others; Respondent: Sardar Sayed Ahmed Sayed Mahamad and Another
Jurisdiction
India
Judgment Date
14 April 1954
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment of Bombay High Court
Outcome
Appeal dismissed
Legal Topics
Execution of Decrees, Court Auctions, Mandatory and Directory Provisions
Civil Procedure Execution of Decrees Court Auctions Mandatory and Directory Provisions

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Parties

Manilal Mohanlal Shah and Others

Appellant

Sardar Sayed Ahmed Sayed Mahamad and Another

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment of Bombay High Court

Legal Issues

  1. 1 Whether rules 84 and 85 of Order XXI of the Civil Procedure Code requiring deposit of 25% of purchase money immediately after sale and payment of balance within 15 days are mandatory and effect of non-compliance
  2. 2 Whether inherent powers of the court can be exercised to circumvent mandatory provisions of the Code
  3. 3 Whether Order XXI rule 72 regarding decree-holder purchasing property is mandatory or directory

Ratio Decidendi

The provisions of rules 84 and 85 of Order XXI CPC requiring the deposit of 25% of purchase money immediately on declaration as purchaser and the balance within 15 days are mandatory. Failure to comply results in the sale being void, and the court must re-sell the property. Inherent powers of the court cannot be used to circumvent these mandatory provisions. The provision in rule 72 regarding decree-holder bidding is directory.

Court Disposition

Appeal dismissed

Orders

  • Sale held void for non-compliance with mandatory procedural rules
  • Purchasers acquired no rights over the property