In Brief
The Supreme Court reversed a High Court judgment that had set aside an auction sale of properties executed pursuant to a bank's decree. The respondent filed objections to the auction sale 244 days after becoming aware of it, far exceeding the 60-day limitation period prescribed under Article 127 of the Limitation Act. The respondent sought to exclude time spent in a writ petition to the High Court under Section 14 of the Limitation Act, which allows exclusion of time spent in proceedings before a court lacking jurisdiction if pursued in good faith and with due diligence. The Court held that neither provision applied: the 60-day limit cannot be extended under Section 5, and the writ proceedings were not pursued in good faith because the respondent had been advised of the proper remedy (filing objections under Order XXI Rule 90) but continued the writ petition instead. The application was thus barred by limitation.
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