Immediately - Indian Laws - General

Meaning of term Immediately In Talco Bank, wherein this Court has extended the meaning of the term immediately which occurs in Order 21 Rule 84 CPC, as follows : 30. The term immediately , therefore, must be construed having regard to the aforementioned principles. The term has two meanings. One, indicating the relation of cause and effect and the other, the absence of time between two events. In the former sense, it means proximately, without intervention of anything, as opposed to immediately. In the latter sense, it means instantaneously. 31. The term immediately , is thus, required to be construed as meaning with all reasonable speed, considering the circumstances of the case . (See Halsbury s Laws of England, 4th Edition, Vol. 23, para 1618, p. 1178). Learned senior counsel appearing for the appellant, as we have already indicated, submitted that the Executing Court should have allowed his application dated 1.12.2010 since he preferred that application within 60 days of the date of sale, but could not deposit the amount since the application filed in terms of Order 21 Rule 92(2) CPC was neither dealt with nor allowed. Order 21 Rule 89 CPC, it may be noted, gives a final opportunity to the judgment debtor to save his property by setting the sale aside before the confirmation upon the terms of satisfying the decretal debt and of paying compensation to the auction purchaser. Rules 89 to 92 of Order 21 deal with setting aside of sale. When a property is sold in execution of a decree and an application for setting aside the sale can be made under those provisions by the persons affected on the grounds mentioned therein. Such an application has to be made within the prescribed period of limitation, the provisions mentioned therein are in the nature of concession and those provisions must be strictly complied with before a sale is set aside before confirmation. On setting aside the sale under Order 21 Rule 89 CPC the property continues to be the property of the judgment debtor. [RAM KARAN GUPTA VERSUS J.S. EXIM LTD. AND ORS- 2012 (12) TMI 1033 - SUPREME COURT]