BASAVANTAPPA vs GANGADHAR NARAYAN DHARWADKAR & ANR.

The Supreme Court held that under Order XXI, Rule 89 of the Civil Procedure Code, both the application and deposit must be made within 60 days of the sale, as amended by Article 127 of the Limitation Act, 1963. The Court found that the judgment-debtor's application to set aside the sale was maintainable since the deposit was made within the prescribed period. The Court emphasized the need for harmonious construction between Order XXI and the Limitation Act, ultimately setting aside the sale due to the timely application and deposit by the judgment-debtor.