starting point for making application under Rule 95 of Order XXI of CPC is date on which certificate recording confirmation of auction sale is actually issued to purchaser.

Citation

2023(5) CTC 69

Bhasker v. Ayodhya Jewellers (SC): LawFinder Doc Id # 2219442

SUPREME COURT OF INDIA

Before:- Abhay S. Oka and Rajesh Bindal, JJ.

Civil Appeal No. of 2023(Arising out of Special Leave Petition (C) No.3714 of 2018). D/d. 10.05.2023.

Bhasker & Anr. - AppellantsVersusAyodhya Jewellers - Respondents

For the Appellants - Neha Sharma, Advocate.For the Respondents - Arun K. Sinha, Advocate.

Civil Procedure Code, 1908, Order 21, Rule 95 Limitation Act, 1963, Article 134 - Sale of property in public auction - Starting point of limitation for filing application Determination Held, - reading into Article 134 that starting point for making application under Rule 95 is date on which certificate of confirmation is actually issued to purchaser Only way of avoiding - inconsistency between Rule 95 of Order XXI of CPC and Article 134 of Limitation Act is to read into Article 134 that starting point for making application under Rule 95 of Order XXI of CPC is date on which certificate recording confirmation of auction sale is actually issued to purchaser - Larger Bench to decide issue relating to starting point of limitation for making application under Rule 95 of Order XXI of CPC.[Paras 18 and 19]