Civil Procedure Code, 1908, Order 21, Rule 90(3), 72A, 66(2) - - Auction sale - Setting aside - D.H. granted permission to bid at auction - Executing Court did not fix reserve price nor did it advert to objection raised to draft sale proclamation - Upset price same as reserve price - No material to ascertain real value of property - There was thus material irregularity in..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Property attached can be sold in lots...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Sale proclamation served on cashier of petitioner - Auction sale cannot be set aside merely on the ground that notice of auction sale was not given to the petitioner...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - In auction proclamation liabilities of property attached were shown only labour dues and there was no mention of electricity dues - Omission to mention electricity dues, not a ground to set aside auction sale...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Value estimated by Collector by multiplying area with circle rate - No illegality - Non mentioning of estimated value of attached property in prescribed form or sale proclamation - No substantial injury caused - Merely because land adjacent to road had been sold, no injury resulted - Auction..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Auction sale cannot be set aside upon any ground, which the applicant could have taken on or before the date on which the proclamation of sale was drawn up - If J.D. omits to inform Court, right in time, of his objections he cannot be heard to say on such objections subsequently...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution proceedings - Sale of property - Setting aside of - Sale property attached during pendency of suit for recovery of money - Subsequently executing Court on application by some of respondents, LRs of judgment-debtors, attached and put to sale the property instead of initially attached property, possession of which..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution of decree - Procedural defect - Objection - Earlier also filed - Dismissed - Will put a bar in filing subsequent application...........
Civil Procedure Code, 1908, Order 21, Rule 90, Uttar Pradesh Debt Relief Act, 1977, Section 2(11) -- Auction sale in execution proceeding - Objections - Petitioner's plea as to he being small farmer under U.P. Debt Relief Act and decree cannot be executed against him - Fact that question as to whether petitioner is a `small farmer' have not been adjudicated upon -..........
Civil Procedure Code, 1908, Order 21, Rule 90, 66 -- Auction sale - Setting aside - Notice U.O.21.R.66 CPC not served upon J.D. nor the valuation of property given by D.H. - Held, sale of property suffers from material illegality and irregularity and the same is liable to be set aside...........
