Civil Procedure Code, 1908, Order 21, Rule 90(3) -- Acquisition of land - Dispute about the non-payment of acquired land by Respondent/Trust - The mandatory nature of the twin conditions to be satisfied before an auction sale can be set aside as provided U.O.21.R.90(3) CPC - No application to set aside a sale on grounds of irregularity or fraud under the Rule can be..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary mandatory injunction for restoration of electricity connection - Plea of outstanding dues - Property purchased in auction - In sale certificate no encumbrance was shown - Injunction rightly granted in favour of plaintiff...........
Civil Procedure Code, 1908, Order 21, Rule 90, 54 -- Auction sale - Setting aside - Sale without valid attachment - Not void...........
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 64, 90 -- Auction sale - Setting aside - Sale of both items of property without considering whether sale of one of items would have been sufficient to satisfy decree, is bad in law and liable to be set aside...........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Auction sale - Setting aside - It is obligation of Court to ensure that only such portion of property which is sufficient to meet the claim in execution petition alone is sold - Words `necessary to satisfy decree' in O.21.R.64 CPC indicate that no sale can be allowed beyond decretal amount mentioned in sale proclamation..........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Auction sale - Proclamation - Where copy of draft proclamation schedule is received and an opportunity is availed to file objections, appellant cannot contend that no notice as provided U.O.21.R.66(2) CPC was given to him...........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside - Amount deposited within 30 days of sale - Sale has to be set aside...........
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 66 -- Execution - Auction sale - Value of property - O.21.R.66(2)(e) CPC, requires Court to state only nature of property so that purchaser should be left to judge the value for himself - But, essential facts which have a bearing on the very material question of value of property and which could assist the purchaser in forming his..........
