Limitation for auction purchaser possession applications runs from confirmation of sale, not from issuance of the sale certificate.

For an auction purchaser's application for delivery of possession under Order 21 Rule 95 CPC, limitation under Article 134 of the Limitation Act begins when the sale becomes absolute, which occurs on confirmation of the court auction sale under Order 21 Rule 92 if no challenge to the sale survives. The sale certificate under Order 21 Rule 94 is only evidence of title and a ministerial record of an already completed transaction. Delay in issuing the certificate does not postpone the limitation period, and the purchaser cannot rely on the certificate date to extend time.

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Issues: When does the limitation period for an auction purchaser's application for delivery of possession under Order 21 Rule 95 of the Code of Civil Procedure, 1908 begin, and is the issuance of a sale certificate the starting point?

Analysis: The starting point under Article 134 of the Limitation Act, 1963 is the date when the sale becomes absolute. In a court auction sale, confirmation of sale under Order 21 Rule 92 of the Code of Civil Procedure, 1908 makes the sale absolute where no application to set aside the sale survives. The sale certificate under Order 21 Rule 94 is only evidence of title and a formal, ministerial acknowledgement of an already completed legal act. Delay in issuing the certificate does not postpone the commencement of limitation for an application under Order 21 Rule 95. The purchaser cannot extend limitation by relying on the date of issuance of the certificate.

Conclusion: Limitation begins when the sale becomes absolute on confirmation of the sale, not when the sale certificate is issued. The High Court's contrary view was erroneous, and the appeal succeeds.

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