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1975 Supreme(SC) 524

A.N.RAY, M.H.BEG, P.N.SHINGHAL, R.S.SARKARIA
Putti Kondala Rao – Appellant
Versus
Vellamanchili Sitarattamma – Respondent


JUDGMENT

RAY, C. J.:—This appeal is by special leave from the judgment dated 24 March, 1973 of the High Court of Andhra Pradesh.

2. The High Court held that the application of the appellants, the judgment debtors is defective and not maintainable and the Court has no power to set aside the sale unless facts are alleged by the applicant and proved by him to the satisfaction of the court that the applicant has sustained substantial injury by reason of such irregularity.

3. The respondents are the decree-holders. Pursuant to the decree there was an order for attachment and sale of the house property of the appellants. The sale took place on 7 June 1960.

4. The appellants filed an application on 7 July, 1960 under Order XXI Rule 90 of the Code of Civil Procedure to set aside the sale. On 18 November, 1966 the application was dismissed by the Munsif. On 22 April, 1972 the Subordinate Judge allowed the appeal filed by the judgment debtors and set aside the sale. The High Court pursuant to the revision petition presented by the auction purchaser set aside the order of the Subordinate Court on the ground that the application of the appellants under Order XXI was defective and no maintainable.

















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