Thursday, 22 June 2017

Auction Sale* – Setting aside of

*Latest Important decision reported in ALL SCR June 2017 part*


*Auction Sale* – Setting aside of – Relevant considerations – It is not the material irregularity that alone is sufficient for setting aside of the sale – Judgment debtor has to go further and establish to the satisfaction of Court that material irregularity or fraud, as the case may be, has resulted in causing substantial injury to judgment-debtor in conducting the sale – It is only then the sale so conducted could be set aside under O.21 R.90(2) of the CPC.... *2017 ALL SCR 1080*

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