Civil Procedure Code, 1908, Order 21, Rule 90, 85 -- Auction-purchaser not paid the purchase money within 15 days as required by O.21.R.85 - High Court directed appellant to pay loss suffered by auction purchaser as at his instance sale set aside after 15 years - Held, as the auction purchaser did not pay the purchase money within 15 days sale was liable to be set aside -..........
Civil Procedure Code, 1908, Order 21, Rule 90, 64 -- A portion of property would fetch the decree amount - Objection not raised before proclamation of sale - Still such a contention can be taken up in proceeding under O.21.R.90 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Material irregularities - Substantial injury to person entitled to claim rateable distribution - Correct date of auction sale not shown in auction sale - Location of property put to sale not shown - Extent of lands for sale and valuation of property not correctly shown - Publication of auction..........
Civil Procedure Code, 1908, Section 73, Order 21, Rule 90 -- Auction sale - Locus standi of third party decree holder to get the auction sale set aside - A decree holder in another suit whose decree is not yet satisfied and whose execution petition is still pending has locus standi to file an application in another execution petition by another decree-holder against same..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- In a case where the judgment debtor invokes S.47 of the Code, O.21.R.90 cannot be applied...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Judgment debtor earlier applied for setting aside the sale under Order 21 Rule 90 is not estopped from filing an application under S.47 - Doctrine of election is not a bar...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Ex parte decree - Appellant took possession - Respondent not impleaded as party to suit - Respondent had earlier filed suit impleading appellant also claiming tenancy rights in suit premises - Ad-interim injunction restraining appellant from disturbing possession of respondent was passed in that suit - Without that order..........
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...........
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...........
