Welcome back to Caseon!
Log in today and discover expertly curated legal audios and how our AI-powered, tailor-made responses can empower you to navigate the complexities of your case.
Stay ahead of the curve—don’t miss out on the insights that could transform your legal practice!
As per case facts, an execution sale of an entire property was held to satisfy a decree. The judgment debtors later applied to set aside the sale, arguing a material
...irregularity: that the executing court failed to consider selling only a portion of the property, as required by law. The judgment debtors had participated or were served notice during the multiple prior proceedings to reduce the upset price, but failed to raise this specific objection at the time the sale proclamation was drawn up. The High Court set aside the sale, citing the executing court's failure to apply its mind to selling only a part of the property, leading the auction purchaser to appeal. The question arose whether the judgment debtors were barred by the statutory mandate of Order XXI Rule 90(3) of the CPC from challenging the execution sale on a ground of material irregularity that they could have raised at the time the sale proclamation was drawn up, but failed to. Finally, the Supreme Court set aside the High Court's order, holding that since the judgment debtors were put on notice at every stage and yet failed to raise the objection concerning the sale of the entire property, they were statutorily barred by Order XXI Rule 90(3) CPC from raising it belatedly after the sale was concluded, thus confirming the validity of the auction sale.
Bench
Applied Acts & Sections
No Acts & Articles mentioned in this case
Source & Integrity Notice
This is a faithful reproduction of the official record from the e-Courts Services portal, extracted for research.
To ensure "Contextual Integrity," all AI insights must be cross-referenced with the official PDF,
which remains the sole authoritative version for judicial purposes.
This platform provides research aids, not legal advice; verify all content against the official Court Registry before legal use.
Legal Notes
Add a Note....