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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
LR's of Late Shri Mangi Lal, Smt. Ratan Devi – Appellant
Versus
Shanti Lal, S/o. Shri Kesari Mal Ji – Respondent
ORDER :
FARJAND ALI, J.
1. By way of filing this civil revision petition under Section 115 of the Code of Civil Procedure, the petitioner has assailed the order dated 15.07.2010 passed by the learned Additional District Judge No. 2, Chittorgarh (Rajasthan) in Original Civil Suit No. 14/2008, whereby the learned Court below dismissed the petitioner’s application filed under Section 47 read with Section 151 of the CPC, seeking determination of questions arising in the course of execution of the decree.
2. The brief facts giving rise to the present Revision Petition are that the respondent had filed Civil Suit No. 6/1993 against the father of the petitioners, late Shri Mangi Lal Jain, which was decreed in favour of the respondent. In execution of the said decree dated 03.05.1993, the agricultural land measuring 38 Bigha 1 Biswa situated at Nawalpura, Tehsil Kapasan, belonging to the petitioners, was auctioned and purchased by the respondent. Thereafter, the petitioners filed an application dated 16.02.2008 under Sections 47 and 151 of the Code of Civil Procedure, raising objections to the anomalies alleged to have occurred during the auction proceedings, and sought rejection of the
Auction sales under CPC require strict adherence to mandatory deposit rules, failing which the sale is void ab initio and cannot be ratified by subsequent actions.
The court ruled that failure to deposit the mandatory 25% bid amount in a court auction renders the sale void, necessitating a resale, and coercive measures against the auction purchaser are not perm....
The main legal point established is that an auction sale can be set aside if there are substantial irregularities and fraud, and the application to set aside the sale was filed within the limitation ....
Confirmed auction sales cannot be set aside for alleged inadequacy of price or lack of publicity without proof of fraud or substantial injury.
Auction sale of property – Non-compliance of mandatory provisions can vitiate auction sale of property.
A transferee of a judgment debtor cannot invoke Order XXI Rule 99 for re-delivery, as their rights must be independent of the judgment debtor's rights.
The execution sale was declared null and void due to the execution court's lack of jurisdiction from the absence of a required certificate from the Registrar, which is mandatory for the award to be e....
Execution of decree – Judgment-debtor cannot be allowed to raise objections as to method of execution in instalments.
(1) Attachment and auction of property – No application to set aside a sale on grounds of irregularity or fraud can be entertained on any ground which applicant would have taken on or before date on ....
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