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...........
Civil Procedure Code, 1908, Order 21, Rule 89, 92 -- Sale - Confirmation - Confirmation of sale will not become invalid simply because High Court passed an order in revision on a subsequent date directing the executing Court to dispose of the objections made against sale...........
Civil Procedure Code, 1908, Order 21, Rule 89, Limitation Act, 1963, Article 127, Civil Procedure Amendment Act, 1976, Section 98 -- Limitation under Article 127 amended to 60 days from 30 days - amended Limitation overlooked through out - Held, application U.O.21 R.98 was within Limitation...........
Civil Procedure Code, 1908, Order 21, Rule 89, 90 -- The function of the Court is to administer the law and not to legislate it. If any provision of law is clear beyond all ambiguity, it is to be implemented regardless of the fact that it causes hardship to a particular party. If application U/O.21.R.90 made and then application U/O.21.R.89 made the later application can..........
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, Order 21, Rule 89, 90 -- Application under rule 89 and subsequently application under rule 90 - Former application cannot be prosecuted unless withdraws the later application - Joint application under rule 89 & 90Application under rule 89 deemed to be made on the date application under rule 90 withdrawn...........
Civil Procedure Code, 1908, Order 21, Rule 89, 90 -- Application under rule 90 and subsequent application under 89 application under rule 90 withdrawn - Mere conveyance of withdrawn is enough - It does not mean that an order of withdrawal is to be recorded...........
Civil Procedure Code, 1908, Order 21, Rule 89, 92(2) -- Application to set aside sale - Deposit made after 30 days from date of sale - Application must be dismissed in view of O.21.R.92(2) CPC...........
Civil Procedure Code, 1908, Order 21, Rule 89, 90 -- If application U/O.21.R.90 is pending - Judgment debtor not entitled unless he withdraws his application U/O.21.R.90, to prosecute an application U/O.21.R.89 CPC - If application U/O.21.R.90 dismissed it would not be open to the party to take the benefit of R.89 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Under Courts order judgment debtor depositing money in court for stay of execution - No application that it should be treated as payment to decree holder - Money not received by decree holder within the meaning of O.21.R.88 (1) (b) CPC...........
