Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside - Limitation - Period of limitation to make application U.O.21.R.89 CPC should be reckoned from date of sale when property is put in auction...........
Civil Procedure Code, 1908, Section 148, Order 21, Rule 89, Limitation Act, 1963, Section 5 -- Auction sale - Setting aside - Limitation - Period of limitation to make application U.O.21.R.89 CPC is 60 days as per Art.127 of Limitation Act - Court has no power to extend time by invoking remedy u/s 148 CPC - Petitioner moved application after delay of 3 days from date of..........
Civil Procedure Code, 1908, Order 21, Rule 89, 64 -- Auction sale - Sale proceeds - Immovable property under auction sale was secured assets of respondent No.2 under Securitization Act, 2002 - Thus, respondent No.2 has valid preferential right to claim sale proceeds for recovery of secured debts - Impugned order directing to make payment of sale proceeds to respondent No.2..........
Civil Procedure Code, 1908, Order 21, Rule 89, 92 -- Confirmation of sale pending appeal - If application or appeal is pending and confirmation of sale is effected and sale certificate is issued, that does not become conclusive as it all depends on result of pending appeal - Confirmation of sale and issuing sale certificate is followed or not is to be decided...........
Civil Procedure Code, 1908, Order 21, Rule 89, 92 -- Sale not become absolute or irrevocable - Pendency of application to set aside sale or appeal or revision against trial Court's decree till attained finality, right to liquidate mortgage debt by judgment debtor is available, as long as sale is not confirmed - Thus, right can be exercised even after dismissal of that..........
Civil Procedure Code, 1908, Order 21, Rule 89, 92, Limitation Act, 1963, Article 127 -- Application to set aside sale on deposit - Period of 60 days to file - Person interested in property sold in auction should deposit in Court and not elsewhere the amounts required to be deposited by him under the rule within 60 days of the sale before he can file an application - Court..........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside - Earlier application of petitioners U.O.21.R.89 CPC was not maintainable for not depositing the amount - However, that does not debar petitioners from filing present application seeking permission of Court to deposit the amount dehors the provisions of O.21.R.89 or 92 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside - Where a person has no title or interest in property sold, he does not have any legal right to invoke O.21.R.89 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside - Decretal amount deposited in account of decree holder - Serious material illegality in auction as decree already satisfied - Held, decree cannot be executed again - Auction sale set aside...........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Court auction - Setting aside - Orders confirming sale and rejecting plaintiff's claim U.O.21.R.89 CPC was confirmed by competent Court - Such Orders cannot be ignored in a collateral proceeding on mere suspicion of fraud or collusion...........
