Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Mere fact that property was sold for a comparatively low price alone cannot be a reason to set aside sale...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Period of limitation for an application U.O.21.R.90 CPC is 60 days as per Art.127 of Limitation Act - Application filed beyond period of 60 days is barred by law, particularly when sufficient documents were not produced by petitioner before executing Court in order to prove his inability for..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - No case of JDs that there was any material irregularity or fraud in publishing or conducting sale - Objection was that decree was obtained by fraud - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Section 5, 14 -- Recovery of amount due - Condonation of delay - Court receiver was permitted to sell property - Application U.O.21.R.90 CPC set aside - S.5 of Limitation Act which deals with extension of time or condonation of delay is not applicable to proceedings U.O.21.R.90 CPC - Therefore, delay, if..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Failure to fix upset price - Shall be one of the grounds to vitiate sale and JDs can rely on same to set aside sale U.O.21.R.90 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Irregularity in sale - Four bidders present but bid was offered by only three bidders, who participated in auction - The way in which bid went on as per bid list, is a clear indication that there was a farce as an auction - It did not reflect any competitive bidding among bidders - Sale so..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Plea of petitioner is that sale being defective on account of non-deposit of 25% of auction price at the time of sale - Held, non-sustainable - Petitioners cannot now be permitted to question sale on any ground which was available for them to be challenged before date of sale -..........
Civil Procedure Code, 1908, Order 21, Rule 90, 92 -- Auction sale - Setting aside - Application U.O.21.R.90 CPC to set aside sale on the ground of material irregularity dismissed and sale confirmed - Objector is precluded by virtue of provision U.O.21.R.92(3) CPC from bringing a fresh suit to set aside sale on the same grounds...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90, 92 -- Auction sale - Setting aside - When auction purchaser is DH himself and when an application is made to set aside sale on a ground other than that covered by O.21.R.90 CPC and no application has been made U.O.21.R.89 CPC, case would fall u/s 47 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 90, 92 -- Auction sale - Setting aside - Sale confirmed and it became absolute - Any subsequent payment in full satisfaction of decree by J.D. will not vitiate auction sale...........
