Civil Procedure Code, 1908, Order 21, Rule 97 -- Auction sale - Property sold for Rs.15, 000/- subject to discharge of the mortgage sum of Rs.40, 009/- Respondent mortgagee purchased himself the property for Rs.15, 100/- - Held that the sale conducted by the executing Court was illegal - Appellant, who deposited the entire decretal amount, which was withdrawn by the..........
Punjab Package Deal Properties (Disposal) Act, 1976, Section 10 -- Auction sale - Setting aside - Sale set aside on the ground that auction was knocked down in favour of petitioner fraudulently - No allegation of false representation or concealment of any fact - Held, committing of any irregularity in the proclamation by the authorities does not amount to fraud - Order set..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Auction purchaser when decree holder and a stranger - Difference - Decree holder auction purchaser is bound to return the property when decree is reversed - If property is purchased by a bonafide purchaser who is stranger to the Court proceedings, the sale in his favour is protected and he cannot be asked to..........
Civil Procedure Code, 1908, Section 47 -- Auction sale - 19 properties of J.D. put to auction in the auction notice - 9 properties already sold by the heirs and legal representatives of the J.D. - Court not finding collusion between the purchasers of the said none properties and the heirs and legal representatives of the deceased judgment-debtor - Properties rightly..........
Civil Procedure Code, 1908, Order 21, Rule 77, 78 -- Auction sale of movable properly - Becomes absolute when highest bidder pays purchase money and obtains receipt - Irregularities in issuing sale proclamation or in conducting sale does not render sale nullity - Remedy for party injured by sale is to institute suit against person who caused injury or for recovery of..........
Limitation Act, 1963, Article 134 -- Court auction sale - Confirmation of sale - Petition filed for recovery of possession beyond one year from the date of confirmation of sale - Held, petition is barred by limitation, since it was not filed within one year from the date of confirmation of sale as per Article 134 of Limitation Act, 1963...........
Civil Procedure Code, 1908, Section 47 -- Money decree - Execution - Objection by transferee of J.D. -Property sold in auction and sale confirmed - Objection, not tenable as objector was transferee of J.D. and thus bound by money decree...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 89 -- Fraud in Court auction - Application to set aside sale filed beyond limitation - Court has ample jurisdiction to set aside sale though application is not filed in time...........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction purchaser applying for possession of property purchased in Court sale - Limitation - Period of one year starts from date of issuance of sale certificate and not from date of confirmation of sale even though sale becomes absolute on confirmation - Order 21 Rule 95 applies to all..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 82, 95 -- No distinction be drawn between `an auction sale' and `a sale' in partition suit - S.151 CPC is not applicable in execution proceedings where specific provisions are made...........
