Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Article 127 -- Auction sale - Setting aside - Limitation - Notice not given to J.D. for drawing up sale proclamation - Sale is a nullity - There is no question of 60 days limitation in making application for setting aside sale...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction - Setting aside - An application to set aside sale on the ground of material irregularity or fraud in publishing or conducting sale is maintainable - Where fraud was perpetrated, length or time would not be admitted to refuse relief...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Sale - Setting aside - Sale notification published in newspaper approved by Court - Objection not taken at the time of publication or subsequent thereto - Sale cannot be set aside on the ground that paper in which notification is published is not a widely circulated local newspaper...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Sale - Setting aside - D.H. and auction purchaser related to each other - Sale cannot be set aside unless J.D. establishes that property was sold for a low price and that he suffered substantial injury thereby - Property sold at a price higher than the value fixed by Court - There is competitive bidding - Two more..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Court sale - Setting aside - Once a decree is passed and sale notification issued, decree cannot be treated as instalment decree merely because J.D. paid some amount on each and every date to which execution was adjourned for sale of property at his instance and D.H. accepted the amount paid - Sale need not be stopped on..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Sale - Setting aside - Upset price fixed by Court taking into account value fixed by Court amin and also relying on sale deeds produced - Objection not taken by J.D. about the value at the time of sale notification or subsequent thereto - Held, value fixed by Court is proper...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Material irregularity or fraud in publishing or conducting sale - Burden of proof is on J.D. to show that substantial injury resulted due to irregularities and fraud - Failure to discharge burden entails dismissal of application...........
Civil Procedure Code, 1908, Section 64, Order 21, Rule 90, 92 -- Sale - Confirmed - Appellate Court setting it aside - Fact that it was confirmed earlier by executing Court is immaterial...........
Civil Procedure Code, 1908, Order 21, Rule 90, Civil Procedure Code, 1908, Order 43, Rule 1(j), Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal in default of application U.O.21.R.90 - Appeal against - Applicant cannot file an appeal since, a dismissal in default is not a decree...........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 90, 106 -- Dismissal in default of application U.O.21.R.90 - Revision against - J.D. cannot invoke the jurisdiction u/s 115 - Substantive remedy by way of an application U.O.21.R.106 is available...........
