Advocates Appeared:
Asoke Kumar Sen Gupta, MANULA CHOWDHRI, RATHINDRA KUMAR DE, S.DAS, Saktinath Mukherjee, SHYAMAL SEN

Certainly. Based on the provided legal document, here are the key points:

1. The dismissal of an application under Order 21, Rule 90 of the Civil Procedure Code results in the sale being deemed confirmed and becomes absolute without the need for a formal confirming order. This means that once such an application is dismissed, the sale is considered final [judgement_subject].

2. A formal order confirming the sale is not necessary for the sale to be regarded as absolute. The court's decision to dismiss the application under Order 21, Rule 90 automatically confirms the sale, and the sale's confirmation is implied by the court's order or lack thereof [judgement_subject].

3. The right to redeem the mortgage under Order 34, Rule 5 of the Civil Procedure Code does not survive until the sale becomes absolute. Instead, the judgment-debtor's right to redeem is limited to a specific period after the sale, typically within 30 days from the date of sale, regardless of whether the sale has been formally confirmed [judgement_subject].

4. The appeal challenging the lower court’s order was dismissed, and the original order was upheld. The court emphasized that the sale had already become absolute following the dismissal of the application under Order 21, Rule 90, and therefore, the application under Order 34, Rule 5 was rightly dismissed (!) .

5. The court clarified that even in the absence of a formal order confirming the sale, the sale is considered confirmed and absolute once the application under Order 21, Rule 90 is dismissed. The sale certificate and the substance of the court's actions support this conclusion (!) (!) .

6. The court rejected the argument that the sale only becomes absolute upon disposal of an appeal. It held that the sale is deemed absolute once the application under Order 21, Rule 90 is dismissed, and subsequent proceedings do not alter this status (!) .

7. The court also discussed the procedural aspects of how the sale confirmation is recognized and clarified that the absence of a formal confirmation order does not affect the validity or finality of the sale once the relevant application is dismissed (!) .

8. The decision underscores that the right of redemption is limited and does not extend until the sale is made absolute, and the sale's confirmation is a matter of legal inference from the court's order or the lack of an order to the contrary (!) .

These points collectively reinforce the legal principle that the sale in execution proceedings becomes final and absolute upon the dismissal of the application under Order 21, Rule 90, without requiring a formal confirmation order, and that the right to redeem is limited to a specified period before the sale becomes fully binding.