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.
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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.
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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.
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