Civil Procedure Code, 1908, Order 21, Rule 72(2), 73 -- Execution - Rateable distribution - Permission granted to D.H. to participate in the auction - D.H. can be directed to deposit any part of sale proceeds for rateable distribution to other decree holders...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 92(3) -- Execution - Plaintiff exhausted all his remedies u/s 47 and relevant rules of O.21 of CPC to get auction sale as order of confirmation of sale set aside - Separate suit to set aside sale is barred by S.47 & O.21.R.92 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 90, 95, Limitation Act, 1963, Section 5 -- Execution - Auction sale - Objections beyond period of limitation - Liable to be rejected summarily - Application for condonation of delay is not maintainable in a proceeding arising U.O.21 of the Code...........
Civil Procedure Code, 1908, Section 2(2), 54, Order 20, Rule 18, Civil Procedure Code, 1908, Section , Order 21, Civil Procedure Code, 1908, Section , Order 26, Rule 13, 14 -- Preliminary decree - Execution thereof - Non-intiation of final decree proceedings - Effect - Suit for partition - Preliminary decree passed - Final decree proceeding not initiated - Property put on..........
Civil Procedure Code, 1908, Section 73 -- Execution - Rateable distribution of auction sale proceeds amongst D.H'rs - A stranger to execution proceedings, has no locus standi to file petition u/s 73 for distribution of assets...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Auction sale - Setting aside - Ground that sale proclamation is bad in law for want of information regarding date, time and place of sale whereas it was found that same was correctly mentioned in sale proclamation - Objector inspite of receipt of notice for sale did not appear and allowed the proceeding to continue - No..........
Civil Procedure Code, 1908, Order 21, Rule 54(2) -- Auction sale - Proclamation - Proclamation of sale by beat of drum is not mandatory so long as the sale notice is proclaimed at or adjacent to the property...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Fraud or material irregularity - Must be specifically made with sufficient particulars - Bald allegations are not sufficient...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Mere establishing material irregularity or fraud is not sufficient - Applicant must establish that material irregularity or fraud has resulted in substantial injury to the applicant - Conversely even if applicant has suffered substantial injury by reason of sale, this is not sufficient to set..........
Civil Procedure Code, 1908, Order 21, Rule 67(1), 54(2) -- Auction sale - Order of trial Court that sale should be given wide publicity - That does not necessarily mean by publication in the newspaper - Provision of O.21.R.67 clearly provide that if sale is to be advertised in the local newspaper, there must be specific direction of Court to that effect - In the absence of..........
