Civil Procedure Code, 1908, Order 21, Rule 90 -- Sale - Not liable to be set aside unless J.D. sustained substantial injury by reason of such irregularity or fraud - Irregularity must be a material irregularity - Inadequacy of price realised in sale must be proved to have been caused by reason of material irregularity or fraud - Reduction of upset price for want of bidders..........
Civil Procedure Code, 1908, Order 21, Rule 90, Civil Procedure Code, 1908, Order 34, Rule 4, 5 -- Mortgage property - Sale - At the stage of an application U.O.21.R.90, J.D. cannot challenge sale on the ground that the executing Court should have or could have directed sale of only a portion of the mortgage property...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Set aside by executing Court on objections U.O.21.R.90 - District Judge setting aside order of executing Court and holding objections to be barred by time - Observation of District Judge perverse being contrary to record - District Judge failing to advert to various aspects specifically considered by executing..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Considerable difference between the value of the property shown in the sale proclamation and its real value - It is a valuable evidence of fraud on the part of the decree holder - Sale should be set aside...........
Civil Procedure Code, 1908, Order 21, Rule 90(2) -- Auction sale - Inadequate price - Amounts to `substantial injury' - The endeavour of the Courts shall be to obtain adequate price for the property put in for sale...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Allegation of irregularity in publishing and conducting sale - Omission to mention encumbrances in sale proclamation - It cannot be said that such omission can by itself be injurious to J.D. because it is likely to persuade auction purchasers to offer higher price - Where price fetched in sale..........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 90, 66 -- Auction sale - Setting aside - Allegation of irregularity in publishing and conducting sale - Omission to mention encumbrances in sale proclamation - J.D. duly served with notice for drawing up of sale proclamation - J.D. remained absent and did not raise objection to proclamation drawn up and sale conducted..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Sale - Conducted on 2.1.1989 and application U.O.21.R.90 filed on 16.2.1989 - Application is within time as limitation for filing such application is 60 days from date of sale...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Auction purchaser deposited the purchase money - Subsequently the J.D. deposited the decree amount - Sale set aside for want of proper notice - J.D. directed to pay 10% interest on the amount deposited by the auction purchaser till the date of payment...........
Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Article 127 -- Auction sale - Setting aside - Limitation is sixty days from the date of sale - Sale in June 1987 and application filed in June 1990 - Application is barred by limitation...........
