AI Overview...
- Dismissal of Application to Set Aside Ex Parte Proceedings - Main points and insights:
- Under Civil Procedure Code, 1908, Order 21 Rule 90(3), applications to set aside auction sales on grounds of irregularity or fraud are permissible only if the applicant/judgment debtor raises such objections during the proceedings.
-
The appearance of the advocate was never challenged by the petitioners/judgment debtors at any stage, indicating they did not raise objections during the auction or prior proceedings Raj Iron Foundry & Engineering Works VS Bank of India - Punjab and Haryana, A.
-
Analysis and Conclusion:
- Since the judgment debtors failed to object or raise irregularity or fraud during the ex parte proceedings, their subsequent application to dismiss or set aside the sale on such grounds is unlikely to be entertained. The law emphasizes the importance of raising objections during the proceedings to preserve the right to challenge the sale, and failure to do so constitutes a waiver of such rights Raj Iron Foundry & Engineering Works VS Bank of India - Punjab and Haryana, A.
Search Results for "Dismissing Application Forsettig Aside Ex Party Proceedings"
Filter by Legal Phrase
Legal Issues on Supreme Today AI
Approbate and Reprobate: Key Legal Doctrine Explained
Vague Threatening Phone Calls: Why They Fail in Court
Does SCC Own Copyright on Full Text Judgments?
G.O. Ms No. 108: TN Salesman & Packer Recruitment Rules
Article 226 vs 227: Key Differences in High Court Powers
Judgments on One-Time GNA Charges in India
TIP: Judicial vs Executive Magistrate Rules Explained
Can a Sole Dissenting Member Block Society Redevelopment?
How to Sue Fake Facebook Accounts for Defamation in India
Illustrations: Person Dominating Will in Indian Law
Perusal in Court Orders: What It Means in Law
Litigant Vigilance: Essential Duty in Court Proceedings
What to Do If Company Suit Signatory Dies
Renting House Without Rent Agreement in India: Risks
Stay on Money Realization After Ejectment: Is It Possible?
