w w w . L a w y e r S e r v i c e s . i n



Ram Raj Bhar v/s Most. Illaichi Devi


Company & Directors' Information:- RAJ CORPORATION LIMITED [Active] CIN = U74900UP2008PLC035742

Company & Directors' Information:- DEVI CORPORATION PRIVATE LIMITED [Active] CIN = U16000AP2011PTC076133

Company & Directors' Information:- RAJ COMPANY PRIVATE LIMITED [Active] CIN = U74999PB1949PTC000515

Company & Directors' Information:- G RAJ & COMPANY PVT LTD [Active] CIN = U67120WB1993PTC058140

Company & Directors' Information:- RAJ & RAJ PVT. LTD. [Active] CIN = U51109WB1991PTC052055

Company & Directors' Information:- DEVI RAM AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U51909DL1997PTC089287

    C.R. 1124 of 2005

    Decided On, 31 January 2008

    At, High Court of Bihar

    By, THE HONOURABLE MR. JUSTICE S. N. HUSSAIN

    For the Appearing Parties: -----------



Judgment Text

(1.) HEARD learned counsel for the petitioners (plaintiff-decree holders). No one appears on behalf of the opposite parties in spite of valid service of repeated notices upon them.

(2.) THIS Civil Revision has been filed by the petitioners challenging order dated 23-3-2005, by which the learned subordinate judge-VIII, Siwan, set aside the entire auction proceeding of Execution Case No. 2 of 1989 after condoning the delay in filing of the application for setting aside auction sale.

(3.) THE plaintiffs had filed Partition Suit no. 211 of 1979 (12 of 1985) for partition of their 1/4th share in the suit properties. The said suit was decreed in 26-5-1986, whereafter preliminary decree was prepared, against which the defendants filed F. A. No. 357 of 1986, which is pending in this Court. Subsequently, in 6-2-1989 final decree was prepared by the learned trial Court in the partition suit, which was also challenged by the defendants in First Appeal No. 433 of 1989, which is also pending in this Court. It further transpires that Execution Case No. 2 of 1989 was filed by the plaintiff-decree holders (petitioners) for execution of the aforementioned decree, in which the defendant-judgment-debtors (opposite parties)appeared ad submitted before the executing court that they are going to bring an order of stay from the High Court but in spite of several adjournments, no such stay order was brought, whereafter delivery of possession was effected through the Commissioner.

(4.) IT transpires that the decree holder had also filed a petition for realization of decretal amount of Rs. 1250. 00 notices of which were repeatedly sent to the judgment-debtors and when they did not appear notices were published on 2-1-2004 but even then they did not appear and hence the learned executing Court auction sold the property of the judgment-debtors on 20-1-2004 and the decree-holders themselves purchased the said property for Rs. 1045. 00. Thereafter, the Court waited for about seven months but when no objection was raised, the said auction sale was confirmed by the executing Court on 8-10-2004. Much thereafter on 1-12-2004, the judgment-debtors appeared and filed a petition in the executing Court praying that the sale certificate be not issued to the decree-holders. Subsequently, on 25-2-2005, the judgment-debtors filed another petition under the provision of Order XXI, Rule 90 of the Code of civil Procedure (hereinafter referred to as 'the Code' for the sake of brevity) in the execution proceeding for setting aside the auction sale along with a petition under the provisions of Limitation Act, 1963 for condoning the delay in the filing of the said petition. The said petitions were filed in the execution case itself and not by way of separate proceeding. However, the said petitions were allowed by the learned Court below by impugned order dated 23-3-2005 condoning the delay and setting aside the entire auction proceeding.

(5.) IT transpires from the impugned order that the learned Court below had condoned the delay on the assumption that section 5 of the Limitation Act was applicable to the instant case. It also passed the impugned order on the assumption that the decree-holders were not entitled to purchase the land of the judgment-debtors in the auction sale in the execution proceeding. Article 127 of the limitation Act, 1963 specifically provides that a petition to set aside a sale in execution of a decree has to be filed within sixty days from their date of the sale. In the instant case, the date of sale is 20-1-2004 and the petition for setting aside the auction sale filed by the judgment-debtors under Order XXI, Rule 90 of the Code is dated 25-2-2005 and hence it is barred by a long period of limitation, Furthermore, even if the claim of the judgment-debtor is found to be true, he had the knowledge of the auction sale on 1-12-2004 when they appeared in the case and filed a petition praying that the sale certificate be not issued and hence from that date also the petition dated 25-2-2005 is much beyond sixty days. Section 5 of the Limitation Act specifically provides that any appeal or any application, other than an application under any of the provisions of Order XXI of the code may be admitted after the prescribed period, if the appellant or the applicant satisfies the Court that he had sufficient cause for not preferring the appeal or making the application within such period. Hence, any application under the provision of Order XXI of the Code is precluded from the ambit of section 5 of the Limitation Act and hence the learned Court below was not justified in allowing the limitation petition filed by the judgment-debtors under the provision of section 5 of the Limitation Act.

(6.) SO far other question regarding entitlement of the decree-holders in taking part in the auction is concerned, Order XXI, Rule 72 of the Code as per its Patna Amendment specifically provided that the decree-holder shall not be precluded from bidding for or purchasing the property unless there is an express order to that effect by a Court of law. In the instant case, there is no order of

Please Login To View The Full Judgment!

any Court of law restraining the decree-holders from taking part in the auction sale or from purchasing the property in question. This view also finds support from a decision of this Court in the case of Sachida Nand mishra v. Vishwanath Mishra, reported in 2007 (1) BBCJ 188. (7.) IN the aforesaid facts and circumstances and in view of the aforesaid provisions of law, it is quite apparent that the impugned order suffers from grave illegalities and jurisdictional error and, accordingly, the same is set aside and this Civil revision is allowed. Revision allowed.
O R







Judgements of Similar Parties

24-06-2020 Bhagwati Devi Versus Suritram (Dead) & Others High Court of Chhattisgarh
18-06-2020 N. Krishnamoorthy Versus The State of Tamil Nadu, Rep. by its Secretary, Rural Development & Panchayat Raj Department, Chennai & Others Before the Madurai Bench of Madras High Court
18-06-2020 Dr. Manoj Kr. Bhagat Versus Masomat Kanchan Devi National Consumer Disputes Redressal Commission NCDRC
16-06-2020 Raj Kumar Versus State of Chhattisgarh High Court of Chhattisgarh
15-06-2020 Samri Devi Shaw Versus New India Assurance Co. Ltd., Mumbai & Others National Consumer Disputes Redressal Commission NCDRC
15-06-2020 New India Assurance Company Ltd. Through Its Duly Constituted Attorney Manager, New Delhi Versus Aasha Devi & Another National Consumer Disputes Redressal Commission NCDRC
12-06-2020 Munni Devi & Others Versus State of U.P. High Court of Judicature at Allahabad
11-06-2020 Sheelender Kumar Gupta & Another Versus Mahaviri Devi (Deceased) Thr. Lrs. High Court of Delhi
08-06-2020 Geeta Devi Versus Om Prakash & Others High Court of Judicature at Allahabad
02-06-2020 Renu Devi & Another Versus State of Punjab & Others High Court of Punjab and Haryana
28-05-2020 Most. Ahilya Devi @ Ahilya Devi Versus State of Bihar & Others High Court of Judicature at Patna
28-05-2020 Manju Devi Versus Board of Revenue Allahabad & Others High Court Of Judicature At Allahabad Lucknow Bench
27-05-2020 Sweta Raj (Female) Versus State of Bihar & Others High Court of Judicature at Patna
27-05-2020 Raj Kumar Gupta Versus State of Sikkim High Court of Sikkim
26-05-2020 Rajendra Kumar & Others Versus Raj Kumar High Court of Judicature at Allahabad
22-05-2020 Suryadevara Venkata Rao Versus State of Andhra Pradesh, rep. by its Principal Secretary, Panchayat Raj Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh & Others High Court of Andhra Pradesh
21-05-2020 Savitri Devi & Others Versus State of U.P. & Others High Court Of Judicature At Allahabad Lucknow Bench
20-05-2020 Aasha Devi Versus Bihar State Food & Civil Supply Corporation Ltd through its Managing Director, Patna & Others High Court of Judicature at Patna
19-05-2020 Raj Shipping Agencies & Others V/s. Barge Madhwa & Others High Court of Judicature at Bombay
18-05-2020 G. Binu Raj Versus R. Sandhya Lakshmi High Court of Kerala
08-05-2020 V. Srinivas Chowdary & Others Versus State of Andhra Pradesh, Rep. by its Principal Secretary Department of Panchayat Raj & Rural Development, Secretariat, Velagapudi, Amaravati & Others High Court of Andhra Pradesh
08-05-2020 Gaddam Koteswaramma Versus State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Panchayat Raj and Rural Development Department, Secretariat & Others High Court of Andhra Pradesh
08-05-2020 Ravipati Nagasarala & Others Versus State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Panchayat Raj & Rural Development, Secretariat, Amaravati & Others High Court of Andhra Pradesh
06-05-2020 Hukum Chand Deswal Versus Satish Raj Deswal Supreme Court of India
04-05-2020 Priyambada Devi Birla & Birla Corporation Ltd. Versus Arvind Kumar Newar & Others High Court of Judicature at Calcutta
01-05-2020 Inder Singh Versus Savitri Devi High Court of Delhi
29-04-2020 Gopi Chand Versus Geeta Devi & Others High Court of Delhi
21-04-2020 State of U.P. through Principal Secretary, Chikitsa Shiksha Evam Parshikshan, Government of U.P., Lucknow & Others Versus Dr. Raj Kamal Singh High Court of Judicature at Allahabad
15-04-2020 Rajasthan State Road Transport Corporation Ltd. & Others Versus Mohani Devi & Another Supreme Court of India
06-04-2020 Anant Raj Limited Versus Yes Bank Limited High Court of Delhi
23-03-2020 Damyanti Devi Versus Vipul Infrastructure Developers Ltd. & Others High Court of Delhi
20-03-2020 Prem Devi Versus Delhi Development Authority Through Its Vice Chairman Vikas Sadan, New Delhi National Consumer Disputes Redressal Commission NCDRC
19-03-2020 Satya Devi Versus State of HP & Another High Court of Himachal Pradesh
19-03-2020 Uma Devi Versus The State Govt of NCT of Delhi High Court of Delhi
18-03-2020 Raj Kumar Versus Delhi Development Authority Vikas Sadan Near Ina Market New Delhi National Consumer Disputes Redressal Commission NCDRC
18-03-2020 Surendra Kumar Versus Phulwanti Devi High Court of Rajasthan
18-03-2020 Dr. Nirmala Devi, Obstetrician & Gynecologist, Assitant Professor Versus Chandrakanta National Consumer Disputes Redressal Commission NCDRC
16-03-2020 Khushboo Devi Versus Indranil Ray Chowdhury & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
13-03-2020 Raj Mohhamad @ Razzii Versus State of HP & Another High Court of Himachal Pradesh
10-03-2020 G. Uma Devi & Another Versus M. Krishnamurthy Reddiar & Others High Court of Judicature at Madras
10-03-2020 Muppa Venkateswara Rao Versus State of Andhra Pradesh, rep. by its Principal Secretary, Panchayat Raj Department, Secretariat & Others High Court of Andhra Pradesh
09-03-2020 The Branch Manager, M/s The Oriental Insurance Company Ltd. Through Divisional Manager Versus Jayanti Devi & Others High Court of Jharkhand
06-03-2020 M/s Nandan Biomatrix Ltd. Versus S. Ambika Devi & Others Supreme Court of India
06-03-2020 Sakuntala Devi Versus Dr. Md. Mumtaz Alam & Others National Consumer Disputes Redressal Commission NCDRC
06-03-2020 V. Gurusamy Versus The Secretary to Government, Rural Development & Panchayat Raj Department, Secretariat, Chennai & Others Before the Madurai Bench of Madras High Court
06-03-2020 Poonam Devi & Others Versus Oriental Insurance Co. Ltd. Supreme Court of India
06-03-2020 M. Vanaja Versus M. Sarla Devi (Dead) Supreme Court of India
05-03-2020 Raj Dewangan @ Raju Versus State Of Chhattisgarh High Court of Chhattisgarh
04-03-2020 Tulsa Devi Nirola & Others Versus Radha Nirola & Others Supreme Court of India
04-03-2020 Ambika Singh (since deceased) represented by legal representatives & Others Versus Mosomat Sohagi Devi (since deceased) represented by her legal heirs & Others High Court of Judicature at Patna
03-03-2020 Saraswati Devi Versus Bharat Coking Coal Limited through its Chairman-cum-Managing Director, Dhanbad & Others High Court of Jharkhand
03-03-2020 Life Insurance Corporation Of India Through Its Additional Secretary(Legal), New Delhi Versus Raj Vilas Dongre & Others National Consumer Disputes Redressal Commission NCDRC
02-03-2020 Birru Prathap Reddy & Others Versus The State of Andhra Pradesh Rep. by its Principal Secretary, Department of Panchayat Raj & Rural Development, Secretariat & Others High Court of Andhra Pradesh
28-02-2020 Sandhya Devi @ Sandhya Goyal Versus State High Court of Delhi
28-02-2020 Devi & Another Versus The Secretary to Government, Home, Prohibition & Excise Department, Secretariat & Another High Court of Judicature at Madras
27-02-2020 Tvl. Trust Metal, Rep. by its Proprietrix Bhagwanti Devi Versus Assistant Commissioner (CT), Moore Market (South) Assessment Circle High Court of Judicature at Madras
27-02-2020 M/s. Royal Sundaram Alliance Insurance Co. Ltd., Chennai Versus Karmi Devi & Others High Court of Judicature at Madras
26-02-2020 Devi Versus Narayanan @ Alagappan & Another Before the Madurai Bench of Madras High Court
25-02-2020 Shyam Sundar Dhal Versus Sharada Devi Bubna & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
20-02-2020 General Manager, Hmt Machine Tools Ltd., Through Its Deputy General Manager (Hr) Shri Joseph Pradeep Keshri Minz, Ajmer (Raj) & Others Versus Controlling Authority, Under Payment of Gratuity Act, 1972 & Assistant Labour Commissioner (Central), Ajmer (Raj) & Others High Court of Rajasthan Jaipur Bench
18-02-2020 Yash Raj Films Pvt. Ltd., Maharashtra Versus Afreen Fatima Zaidi & Another National Consumer Disputes Redressal Commission NCDRC
18-02-2020 Sujatha Devi Akondi & Others Versus M/s. Safeway InfraRep By Its Managing Partner Ivsn Raju, Hyderabad & Others National Consumer Disputes Redressal Commission NCDRC
18-02-2020 Golkonda Uma Devi Versus Enti Manjula & Others High Court of for the State of Telangana
18-02-2020 Raj Nagar Extension N H 58 Developers Association & Another Versus State of U.P. & Another High Court of Judicature at Allahabad
17-02-2020 Gram Panchayat Zinc Smelter, Panchayat Samiti Kurabad, District Udaipur Through Its Sarpanch Sarika Versus State of Rajasthan, Through The Secretary, Department of Rural Development & Panchayati Raj, Secretariat, Government of Rajasthan, Jaipur & Others High Court of Rajasthan Jodhpur Bench
13-02-2020 S. Sattanathan V/S State of Tamil Nadu, Additional Chief Secretary to Government, Rural Development & Panchayat Raj Department, Chennai & Others High Court of Judicature at Madras
13-02-2020 Mala Devi Versus State of U.P. Thru Prin.Secy. Medical & Health Lko. & Others High Court of Judicature at Allahabad
11-02-2020 K. Devadass Versus State of Tamilnadu Rep by the Secretary to Government Rural Development and Panchayat Raj Department Secretariat Chennai & Others High Court of Judicature at Madras
11-02-2020 Ratna Devi Versus State of Haryana & Others High Court of Punjab and Haryana
10-02-2020 Raj Kumar Prasad & Others Versus Som Datt Medical Centre & Others Delhi State Consumer Disputes Redressal Commission New Delhi
10-02-2020 Prathvi Raj Chauhan Versus Union of India & Others Supreme Court of India
07-02-2020 Ravi Raj & Others Versus State of U.P. & Others High Court of Judicature at Allahabad
06-02-2020 Manju Devi Versus State of Bihar High Court of Judicature at Patna
04-02-2020 Kiran Devi Agrawal & Others Versus State of Chhattisgarh & Others High Court of Chhattisgarh
03-02-2020 A. Sakunthala Devi Versus The Registrar General, High Court, Madras & Another High Court of Judicature at Madras
03-02-2020 Raj Kumar Kashyap & Others Versus Pushpender Singh High Court of Delhi
30-01-2020 Vidya Devi & Another Versus The Union of India, Represented by the Secretary, To the Government of India, Ministry of Defence, New Delhi & Another Central Administrative Tribunal Guwahati Bench Guwahati
30-01-2020 Urmila Devi & Others Versus Branch Manager, National Insurance Company Ltd. & Another Supreme Court of India
28-01-2020 Shakuntala Devi Jan Kalyan Samiti Through Secy. & Others Versus State of U.P. Through Prin.Secy. Home Lucknow & Others High Court Of Judicature At Allahabad Lucknow Bench
28-01-2020 Kirpal Singh & Others Versus Kamla Devi & Others Supreme Court of India
28-01-2020 Kashmira Devi Versus State of Uttarakhand & Others Supreme Court of India
24-01-2020 Manokamini Devi Versus Ashok Kumar High Court Of Judicature At Allahabad Lucknow Bench
23-01-2020 C.A. Aji Raj Versus State of Kerala, Represented By Public Prosecutor, High Court Of Kerala, Ernakulam & Another High Court of Kerala
23-01-2020 C. Sarojini Devi Versus The Director of Local Fund Audits, Chennai & Others High Court of Judicature at Madras
22-01-2020 K.S. Rema Devi, Accountant, Azhoor-Muttappalam Service Co-Operative Bank, Thiruvananthapuram Versus The Kerala Co-Operative Service Examination Board, Represented by Its Secretary, Thiruvannathapuram & Others High Court of Kerala
20-01-2020 Sumitra Devi (Female) Versus State of Bihar & Others High Court of Judicature at Patna
20-01-2020 State of AP Versus Devi Engineering & Construction High Court of Andhra Pradesh
20-01-2020 Desh Raj Versus Balkishan (D) Through Proposed Lr Ms. Rohini Supreme Court of India
17-01-2020 Shunti Devi Versus State of Jharkhand High Court of Jharkhand
17-01-2020 Neelam Devi Versus State of Bihar Through Chief Secretary, Government of Bihar, Patna High Court of Judicature at Patna
16-01-2020 Guriya Devi Versus State of Bihar Through Chief Secretary, Government of Bihar, Patna High Court of Judicature at Patna
15-01-2020 Raj Kumar Seth Versus Pawan Kumar Seth & Another High Court of Delhi
14-01-2020 Bajaj Allianz General Ins. Co. Ltd. Versus Satya Devi & Others High Court of Jammu and Kashmir
13-01-2020 Hans Raj Jain Versus Election Commission of India High Court of Delhi
10-01-2020 In Goods of Late Sandhaya Devi Versus ----------- High Court of Judicature at Patna
10-01-2020 Neelam Nigam Versus State of U.P. Thru Secy. Panchayati Raj Lko. & Others High Court of Judicature at Allahabad
09-01-2020 Deedar Devi Versus Jhabarmal Sheshma High Court of Rajasthan Jaipur Bench
09-01-2020 Hans Raj Versus Raghuvir Singh & Others High Court of Delhi
08-01-2020 Vidya Devi Versus The State of Himachal Pradesh & Others Supreme Court of India
08-01-2020 Raj Commodities V/S Commissioner (Appeals) Central Excise, Jaipur-I Customs Excise Service Tax Appellate Tribunal Principal Bench New Delhi


LawyerServices is a Premium Legal Tech solution.


Lawyers, Law Firms, Government Departments and Corporates rely on us for, Workflow Automation, Data Aggregation, Timely Updates, Case Management, Intelligent Research, Latest Legal Data Updates and a LOT more!

If you are a legal professional, CONTACT US, in order to see how our UNIQUE solution can benefit your organization.

Features Intro Close Box