Civil Procedure Code, 1908, Section 144, Order 21, Rule 89, 90, 91 -- Auction sale - Sale confirmed - Subsequent reversal or modification of decree - Restitution - Held, since the auction purchaser the property with knowledge of pendency of appeal as such cannot resist restitution...........
Punjab Land Revenue Act, 1887, Section 85, 88, 91, 158(2)(v), Civil Procedure Code, 1908, Section 9 -- Departure from procedure contained in Section 85 - Objections can be filed under Section 91 - Non-service of proclamation of sale on legal representatives of deceased defaulter - Falls within description of manner in which sale is conducted - Objection has to be raised..........
Punjab Land Revenue Act, 1887, Section 158(1), 158(2)(xv), 3(8), 75, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92 -- Failure of Lambardar to deposit amount collected from landowners as land revenue - Sale of land of Lambardar to recover amount as arrears of land revenue - Suit by Lambardar in Civil Court for possession of land claiming to be its owner - Civil..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 89, 90, 91 -- Material irregularity in conduct of sale in execution proceedings - Non service, non affixture of sale proclamation and sale not by beat of drums are merely material irregularities in the conduct of sale - Do not affect the Courts jurisdiction or renders the sale void - Such objections to be raised in..........
Civil Procedure Code, 1908, Section 91 -- Public nuisance - Suit for demolition of the construction and for injunction - Suit maintainable...........
Civil Procedure Code, 1908, Section 91(2), Order 1, Rule 8 -- Public nuisance - Suit by individual - Not barred by S.91 or O.1.R.8. CPC...........
Civil Procedure Code, 1908, Order 21, Rule 89, 90, 91(1) -- Sale - Made absolute - It cannot be set aside - Order of the revisional court quashed and that of executing court upheld...........
