Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Provision of O.21.R.64 is mandatory - Provision not complied with - Sale consideration of the property was in excess of execution - Sale set aside...........
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 85, 90 -- Rule 85 is mandatory-Non compliance - Renders sale proceedings a complete nullity - No distinction is made between a decree-holder auction purchaser and any other purchaser...........
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...........
Civil Procedure Code, 1908, Order 21, Rule 66, 90 -- Auction sale - High Court gave an (opportunity to pay decretal amount with interest to the J.D. who failed to avail of it - High Court observed that J.D. intended to prolong the finalisation of sale - No interfer-ence - SLP dismissed...........
Evidence Act, 1872, Section 90 -- Registered document coming from the custody of a proper person and document 30 years old - There is presumption of its due execution and attestation - Document is admissible in evidence...........
Transfer of Property Act, 1882, Section 90, 91 -- One of the mortgagors can get the entire property redeemed even of his co-mortgagors...........
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...........
