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Sunday 27 August 2017

Civil Procedure Code, 1908 — Or. 21 Rr. 64 to 68 r/w R. 90(2) — Auction-sale of property, in course of execution proceedings — When can be set aside:

Civil Procedure Code, 1908 — Or. 21 Rr. 64 to 68 r/w R. 90(2) — Auction-sale of property, in course of execution proceedings — When can be set aside: It is not any material irregularity or fraud that alone is sufficient for setting aside of sale, but as per Or. 21 R. 90(2) CPC, judgment-debtor has to go further and establish to the satisfaction of the court that the material irregularity or fraud in conducting the sale, as the case may be, resulted in causing substantial injury to the judgment-debtor.

*[Chilamkurti Bala Subrahmanyam v. Samanthapudi Vijaya Lakshmi, (2017) 6 SCC 770]*

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