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1999 Supreme(Online)(HP) 1

HIMACHAL PRADESH HIGH COURT
, J
Himachal Pradesh Financial Corporation – Appellant
Versus
Sh Onkar Singh and Sh Narinder Singh Shah – Respondent


Advocates:
For the Appellants/Petitioners: Sh. N. A. Sheikh
For the Respondents: Mr. Kuldip Singh

Table of Content
1. facts related to the appeals and auction process. (Para 1 , 2)
2. arguments on irregularities affecting auction validity. (Para 3 , 6 , 12)
3. court observations regarding material irregularities and effects on bidders. (Para 4 , 5 , 8 , 17)
4. final decision to allow appeals based on established irregularities. (Para 18)

1The aforesaid two appeals have been taken up and heard together arising as they do out of a common order dated 25-11-1991 of the District Judge, Sirmaur District at Nahan dismissing the objection petitions under O.21 R.90 of the Code of Civil Procedure filed by the appellants - decree holders and judgment debtors against the sale of the mortgaged property in favour of the respondents - auction purchasers Sh Onkar Singh and Sh Narinder Singh Shah. Appeal No. FAO (Ord) 165 of 1992 has been filed by Himachal Pradesh Financial Corporation, Decree - holder - Objector and appellants Sh Udey Gupta and Smt. Rakhi Gupta are the Judgment - debtors - objectors in FAO No. 3 of 1993. In both the appeals same and similar questions of facts and law are involved, they would stand disposed of by this common judgment.

2. The relevant facts necessary for deciding thes
























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