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1. The appeal from order is directed against the order passed by the Civil Judge, Senior Division, Margao on 30th April 1992 in an Inventory Proceedings No. 18910/75/A. By the impugned order the trial Court has revoked its order granting five days time to the appellant Shri Damodar Ramnath Alve to deposit the owelty money, cancelled earlier auction and has ordered a fresh auction to be held in respect of assets taken on auction by the appellant Shri Damodar.

2. The Inventory Proceedings not being akin to the provisions of other enactments, except in the territory of Goa, Shri Usgaonkar, the learned Senior Counsel for the appellant, has apprised this Court with the Portuguese Civil Procedure Code. Articles 1369 to 1447, under Chapter XVII, deal with Inventory Proceedings. Inventory proceedings are like that of succession. It deals with the succession, partition among the legal heirs. In the partition, if the parties are not given equal shares, under those circumstances to avoid jointness, they used to be offered a bid from the interested legal heirs to the other member/members. The purpose and the object of the inventory proceedings is that the property be retained in the family and the strangers should not create any interest in the property left by the deceased member of the family.

8. After auction, a chart was prepared and as per the chart, the appellant was to pay as owelty money a sum of Rs. 32,772.27 paise to Gajanan (respondent No. 2) and Rs. 69,392.58 paise to Gokuldas (respondent No. 1).

9. Undisputedly on 4th January 1989, learned advocate Shri C. Colaco representing Damodar R. Alve was notified for the purpose of Article 1417 of the Portuguese Civil Procedure Code (in short P.C.P.C.). The appellant Damodar made an application on 12th January 1989 (page 342) stating therein that he be exempted from the payment of owelty money until the decision of the Civil Suit No. 202/1986/A. The said application was dismissed by order dated 18th February 1989 by the learned trial Court and the appellant Damodar was notified of the said order on 22nd February 1989 through his advocate Shri Colaco. On 27th February 1989, the appellant Damodar made an application stating that the challans be issued to him to deposit the owelty money and the said challans were accordingly handed over to Damodar on 28th February 1989, which is apparent from page 352.

10. On 10th March 1989, the appellant Damodar filed an application (at page 355) stating that he is a transport contractor by profession and he is required to go with his truck to various places not only in Goa but in the neighbouring States, such as, Karnataka, Maharashtra and Andhra Pradesh etc. He further stated that the challans were issued to him, but during that period, the truck No. GDZ 7784 met with an accident and the challans issued to him by the Court were misplaced in transit with the result he could not deposit money in the Bank in time and, therefore, he prayed for 15 days time to deposit the money as also prayed for issuance of fresh challans. From the record it appears that on 10th March 1989 the notices were ordered to be given to the parties to give their say. From page 356 of the record, Advocate Borges (representing Gajanan Alve) and Advocate Abel Noronha (representing Gokuldas alve) conceded that the said Damodar be given time of 5 days to deposit the owelty money. The endorsement of the learned Counsel is dated 13th March 1989. Consequently the learned trial Court on 14th March 1989 at about 11.00 a.m. passed the order that the challans be issued, payable within five days. Subsequently on the very day an application was made by the learned Counsel of Gokuldas Alve for cancellation of the order passed by the Court at 11.00 a.m. After considering the contents of the application and hearing the learned Counsel representing Gokuldas Alve, at about 12.50 p.m., the trial Court rescinded the order passed at 11.00 a.m. and thereby declared the auction null and void.

In the instant case the demand was made and notice was issued on 4th January 1989. Thus, from this day period of 5 days begins. He filed an application dated 12th January 1989, stating therein that he be exempted from the payment of owelty money until the decision of Civil Suit No. 202/1986/A and same came to be dismissed on 18th February 1989. On 27th February 1989, appellant Damodar filed another application stating that challans be issued to him to deposit the owelty money. Challans were handed over to him on 28th February 1989. However, by filing applications, the period is not extended. The appellant Damodar failed to deposit the money within 5 days and, therefore, Damodar no more remained a successful bidder. His right was extinguished.