Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Property to be sold shown as mere land in sale proclamation without reference to rice mill and godown existing thereon - Held, sale suffers from material irregularity resulting in substantial injury to judgment-debtor - Sale set aside...........
Auction sale -- It is settled law that the person who purchases the property in a Court auction gets title to the property by sale certificate issued by the Court as true owner and after confirmation of the sale, he gets possession thereof...........
Civil Procedure Code, 1908, Order 21, Rule 22(1) -- Execution proceedings against dead person are null and void - Auction sale - J.D. died even prior to issue of sale proclamation - Sale held against dead person without impleading L.R's and without issuing notice to them is null and void - It is immaterial whether J.D. died before or after sale proclamation...........
Civil Procedure Code, 1908, Order 21, Rule 85, 90 -- Rule 85 is mandatory-Non compliance - Renders sale proceedings a complete nullity - No distinction is made between a decree-holder auction purchaser and any other purchaser...........
Civil Procedure Code, 1908, Order 21, Rule 90, 72 -- Auction sale - Setting aside - Permission to D.H. to bid at the auction and also when upset price is proposed to be reduced - Notice to J.D. is necessary - Value of property at the time of auction was between Rs.25, 000/ - and Rs.30, 000/ - - Upset price originally fixed at Rs., 8, 000/ - but reduced to Rs.6, 300/ -..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Inadequacy of price by itself is not sufficient to set aside sale unless inadequacy was caused by reason of material irregularity or fraud and unless it caused substantial injury to judgment debtor...........
Civil Procedure Code, 1908, Order 21, Rule 22, 54(1 -- A), 66(2) and 90 - Auction sale - Setting aside - Proceedings under Rule 90 are independent proceedings - Notice of execution given to J.D. under R.22 - Advocate appeared on his behalf and took adjournment to file counter but subsequently both J.D. and his counsel absent - Sale held ex parte - Property sold was..........
Civil Procedure Code, 1908, Order 21, Rule 66, 90 -- Auction sale - High Court gave an (opportunity to pay decretal amount with interest to the J.D. who failed to avail of it - High Court observed that J.D. intended to prolong the finalisation of sale - No interfer-ence - SLP dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Auction sale - Court to order sale of only that much property of J.D. which is sufficient to satisfy the decree - Sale of house valued at Rs.67, 000/- to satisfy decree of Rs.3500/- - Not justified - Sale liable to be set aside...........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Auction sale - Setting aside - Value of property sold disproportionately high for satisfaction of decree for small amount - Sale set aside - J.D. to come forward with any other property to satisfy the decree failing which it will be inevitable for the Court to put up the house for auction once again...........
