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Judgment
In Karunakara Menon v. Krishna Menon 27 Ind. Cas. 952 : 2 L.W. 196 : 28 M.L.J. 262, it was held that the payment by one judgment-debtor
into Court of money which (according to the arguments of Mr. T.R. Ramachandra Aiyar for respondents in that case) could have been withdrawn
from Court by the decree-holder at once, could not be taken advantage of by the other judgment-debtor in making his necessary deposit to
support his application under Order XXI, Rule 89, of the Code of Civil Procedure.
It follows, a fortiori, that amounts paid by purchasers in Court auction whose purchases have not been confirmed and which amounts, therefore,
could not be withdrawn by the decree-holder at his pleasure, could not be taken advantage of by any person who applies under Order XXI, Rule
89, of the Code of Civil Procedure.
The appeal is, therefore, dismissed with costs.