Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Only such portion of property is to be sold in execution which is sufficient to satisfy the decree - Sale held without examining this aspect and not in conformity with this mandatory requirement is illegal and without jurisdiction...........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Money decree - Sale of entire attached property or a portion thereof - If Court orders sale of the entire attached property without addressing itself to the issue whether the sale of the entire attached property should be ordered or the sale of only a portion of it will be sufficient to satisfy the decree,..........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 64 - - Sale of land of J.D. - Objections to sale of land which was more than double of total recoverable amount under decree - Can be agitated before Revisional Court for the first time...........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Provision of O.21.R.64 is mandatory - Only such portion of the property is to be sold which is sufficient to satisfy the decree - Sale not in conformity with the mandatory provision is illegal and without jurisdiction...........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Auction - Only such portion of property be put to auction which is sufficient to satisfy the decree - Auction without considering this aspect is to be considered as illegal and without jurisdiction...........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Auction purchaser - Right of - Suit for recovery of loan - Sale of attached property - Once sale had become absolute, vested right stands created in favour of auction-purchaser - It is not necessary to sell entire attached property if decree can be satisfied by sale of portion of it and not vice versa - It cannot be..........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution for sale of property attached before judgment - Specific boundaries of property given by which property can be identified - Rejection of execution petition on the ground that door number given in attachment list and in execution petition differ - Not legal...........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Auction sale - Setting aside - Mere inadequacy of price is not a ground for setting aside the Court sale...........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Only that portion of the property which is sufficient to satisfy decree be put to sale - Sale of property worth more than rupees one lakh for just Rs.35, 000/- for satisfying decree for Rs.6, 022, held, is illegal...........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Court has no jurisdiction to order sale unless the property is `liable to sale - Therefore, the objections to the saleability shall be heard by the executing Court before it orders its sale...........
