Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Third party who has got interest in the property which is subject matter of execution proceeding can file an application U.O.21.R.97 CPC - However, there must be a decree for possession or an immovable property should have been attached and sold in the course of execution proceeding and..........
Civil Procedure Code, 1908, Section 151, Partition Act, 1893, Section 3 -- Partition suit - Auction sale - Property cannot be beneficially partitioned into six equal shares and even if it is divided, its value would be diminished as per report of Advocate Commissioner - No objections were filed by any of parties regarding report of Advocate Commissioner - Auction of..........
Civil Procedure Code, 1908, Order 21, Rule 90(3) -- Execution - Auction sale - Setting aside - If there is non-compliance of mandatory provision of O.21.R.64 CPC, it cannot be said that failure of JD to question proclamation then and there would disentitle him from raising that question at post sale stage...........
Civil Procedure Code, 1908, Order 21, Rule 85 -- Auction sale - Payment of balance amount - Statutory period has been prescribed for deposit of full amount of sale money as contemplated U.O.21.R.85 CPC - Discretion exercised by executing Court permitting auction purchaser to deposit amount beyond said period is uncalled for - Impugned order of allowing petitioners to pay..........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Non-deposit of amount in terms of O.21.R.89 CPC - JD failed to deposit amount U.O.21.R.89 CPC due to COVID-19 Pandemic - Prima facie it appears that JD is entitled to condonation of delay in filing application U.O.21.R.89 CPC - JD, directed to deposit amount decreed together with interest...........
Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 13(4), Security Interest (Enforcement) Rules, 2002, Rule 9(5) -- Auction - Fails to pay amount of bid - Forfeiture of amount - Recovery of the amount - The appellant has come with the bona fide defence that he was never informed on the date when the auction was held or day thereafter that the..........
Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 13(4), Security Interest (Enforcement) Rules, 2002, Rule 9(5) -- Auction - Fails to pay amount of bid - Forfeiture of amount - Recovery of the amount - The appellant has come with the bona fide defence that he was never informed on the date when the auction was held or day thereafter that the..........
Allotment of shed and auction platform -- Merely because a person is having a licence to do business in a particular shop, he is not entitled to auction platform as a matter of right and that too in front of and/or adjacent to his shop, particularly when there is no such rule and/or regulation and/or guideline supporting such a claim...........
Civil Procedure Code, 1908, Order 21, Rule 84, 85 -- Auction sale - Auction purchaser did not deposit 25% of amount on the day he was declared purchaser - 75% of the amount not deposited as required U.O.21.R.85 CPC - There is non compliance of mandatory provisions O.21.Rr.84, 85 CPC - Sale vitiated...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - At the time when property was put to auction, J.D. was not the owner - Property could not have been put to auction - Executing Court erred in overruling the objections raised by appellant against auction/sale of the property which appellant purchased much prior to the date of auction...........
