Sukumar De vs Bimala Auddy & Ors

The Supreme Court addressed the discretionary power of the High Court in granting an opportunity to judgment debtors to pay the decretal amount, which effectively nullified the auction sale of property conducted under the Code of Civil Procedure, 1908. The Court emphasized that the High Court's decision to allow the judgment debtors to deposit the amount under Order 21 Rule 89 CPC was not justified given the finality of the earlier decree. The Court held that the auction sale, confirmed on 9.7.1990, should not have been disturbed, thereby upholding the rights of the auction purchasers.