Civil Procedure Code, 1908, Section 151, Order 21, Rule 90 -- Auction sale - Confirmation - Confirmation of sale in the year 1996 at 1991 prices without taking into consideration price escalation since then - Rule of fairness demands such sale to be cancelled and fresh sale to be held in interest of justice to party...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 90 -- Auction sale - Cancellation - Right would accrue to auction purchaser only on confirmation of sale - Not permissible for auction purchaser to claim compensation by way of interest on money deposited by him when auction sale has been set aside...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Conducted at a different place than that mentioned in the auction notice - Many prospective buyers thus precluded from participating in auction - Inadequate price fetched was direct result of irregularity in conduct of sale - Sale liable to be set aside...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Conducted at a place other than that mentioned in the auction notice - Sale set aside for no fault of decree holder - Decree holder incurring costs for publicity in case sale was ordered again - Held, there is no provision that such amount can be ordered to be paid by judgment debtor...........
Civil Procedure Code, 1908, Section 100, Order 21, Rule 90 -- Auction sale - Setting aside - Alteration in date of sale in sale proclamation - Concurrent findings by Courts below that judgment debtor did not sustain substantial injury by irregularity - Order refusing to set aside sale - Interference not warranted...........
Civil Procedure Code, 1908, Order 21, Rule 90(3) -- Sale cannot be set aside on the ground of inadequate price when objections not filed to the notice issued before the sale proclamation was drawn up...........
Civil Procedure Code, 1908, Order 21, Rule 90, Civil Procedure Code, 1908, Order 32, Rule 3 -- setting aside sale - minor not duly respresented either in the suit or in the execution proceedings - Such decree is a nullity & void - Consequently the sale of property wherein the minor has a share is also void...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Court auction - Valuation - In Court auctions property sold fetches less amount than if otherwise sold...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Legal point which goes to the route of the case can be raised at any stage provided it does not require investigation of fact...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Execution - Auction sale - Decree passed against a dead person - Composite application u/s.47 & O.21 R.90 is maintainable only if prayer is for declaring auction sale to be a nullity and in the alternative a prayer is made to set aside sale on the ground of material irregularity in publishing or in conduct of..........
