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TMI Blog1975 (5) TMI 93X X X X Extracts X X X X X X X X Extracts X X X X ..... e 90 for setting aside a re-sale and is concerned with the scope of the word forthwith occurring in Order XXI, Rule 84 of the Code of Civil Procedure. 2. A few more facts are necessary to appreciate the contention urged. In execution of a decree, against the petitioner, his immovable property was brought for sale at 10-45 A. M. on 27th July, 1966. There were several intending purchasers. One ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Order XXI, Rule 90, complaining that there was material irregularity or fraud in publishing or conducting it. The evidence regarding the material irregularity consists of the sole testimony of the judgment-debtor, and in rebuttal the decree-holder has examined himself. 4. The executing Court, after considering the evidence, has held that there was no irregularity in conducting the re-sal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osit, the property shall forthwith be re-sold. 7. In support of the contention counsel relied upon two decisions: (1) Madhao Narayanrao v. Mt. Watsalabai MANU/NA/0087/1947 and (2) Venkatasubbiar v. Akkamma AIR 1930 Mad 761. In Madhao Narayanrao Ghatate's case. Hidayatullah, J., as he then was, observed that the word 'forthwith' is ordinarily to be understood to mean 'within ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 of the Code of Civil Procedure. If the interpretation proposed for the petitioner is accepted, it would run counter to the plain meaning of the word 'forthwith'. The word 'forthwith' ordinarily means immediately or without delay, but how soon it should be, all depends upon the facts and circumstances of each case. As Beasley, C. J., observed in Venkatasubbiah's case that it s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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