AI Overview...
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Order 21 Rule 35 CPC - Not Absolute, Must Be Balanced
The provisions of Order 21 Rule 35 CPC do not grant an absolute or unconditional right to the auction purchaser; instead, the sale becomes absolute only upon court confirmation. The court's role involves balancing the interests of parties, ensuring that the sale is not irrevocable until confirmed (Paras 21 & 23, NARIMAN SORABJI PAREKH VS RAMCHANDRA JANU MHATRE - Bombay).
Analysis and Conclusion:
The rule emphasizes that the sale's finality depends on court confirmation, which involves a judicial assessment to balance the rights of the parties involved. It is not an automatic or absolute transfer of title upon sale, highlighting the importance of judicial oversight to prevent unwarranted finality and uphold fairness (NARIMAN SORABJI PAREKH VS RAMCHANDRA JANU MHATRE - Bombay, Mahesh Murthy VS Pooja Chauhan - Delhi). -
Main Points & Insights
- Sale under Order 21 Rule 92 becomes absolute only after court confirmation, not automatically (NARIMAN SORABJI PAREKH VS RAMCHANDRA JANU MHATRE - Bombay, Mahesh Murthy VS Pooja Chauhan - Delhi).
- Court has the discretion to set aside or confirm a sale, balancing the rights of judgment debtors and auction purchasers (Raja Bahadur Motilal (Bombay) Mills Ltd VS Life Insurance Corporation of India - Bombay, Mahesh Murthy VS Pooja Chauhan - Delhi).
- The process involves judicial oversight to prevent arbitrary or unjust finalization of sales, ensuring fairness (NARIMAN SORABJI PAREKH VS RAMCHANDRA JANU MHATRE - Bombay, Mahesh Murthy VS Pooja Chauhan - Delhi).
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The rule’s application is procedural and not absolute, allowing courts to exercise discretion based on circumstances (SHRI RAVINDER KUMAR vs M/S GIGANTIC IMPEX PVT LTD - Delhi, Raja Bahadur Motilal (Bombay) Mills Ltd VS Life Insurance Corporation of India - Bombay).
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Related Principles
- The sale becomes effective only upon court confirmation, which safeguards the rights of all parties involved.
- The court’s role is to balance competing interests, such as the judgment debtor’s rights and the auction purchaser’s expectations.
- The procedural nature of Order 21 Rule 35 implies that courts retain authority to review and set aside sales if justified.
In summary, Order 21 Rule 35 CPC is not an absolute rule; it mandates court confirmation before a sale becomes final, emphasizing judicial discretion and the balancing of rights to ensure justice and fairness in sale proceedings.
Search Results for "Order 21 Rule 35 Cpc Not Absolute Must be Balanced"
2024 Supreme(Online)(DEL) 11082 • India - High Court of Delhi
JUSTICE PRATHIBA M. SINGH, J
(Paras 20, 21, 35) ... ... (B) Pleadings - Order VII Rule 11 CPC - The Court ... ... ... Findings of Court: ... The Court held that the suits cannot be dismissed under Order VII Rule 11 as there are factual disputes ... The Defendants claimed the suits were not maintainable under Section 55(4)(b) of the Act. ... 21. Order 6 Rule 2(1) of the Code states the basic and cardinal rule#....
2022 1 Supreme 361 • India - Supreme Court
(A) Civil Procedure Code, 1908 – Order I Rule 8 – Consumer Protection Act, 2019 – Sections 35(1)(c) and ... There is no scope for contention that wherever there are more consumers than one, they must only take recourse to Order I Rule 8 ... (Paras 21 and 34) (B) Consumer Protection Act, 2019 – Sections 35(1)(c) and 38(11) – Civil Procedure Code, ... It is clear that the balance of performance is o....
1999 8 Supreme 463 • India - Supreme Court
S.RAJENDRA BABU, S.SAGHIR AHMAD
When the “sale” thus becomes absolute, the Court is required to grant a certificate under Order 21 Rule 94 to the person in whose ... (Paras 21 & 23) ... Sale does not become absolute or irrevocable merely ... The provisions of Order 21 Rule 92(1) indicate that if an application is not made either under Rule 89 or Rule 90 or Rule 91 for ... ....
1979 0 Supreme(Mad) 246 • India - Madras
RAMAPRASADA RAO, RAMANUJAM, VARADARAJAN
Code of Civil Procedure, 1908-Section 47 and Order 21, Rule 90-Grounds given for setting aside confirmed sale by judgment debtor ... falls within Order 21, Rule 90 as such application filed has to be treated as application filed under Order 21, Rule 90. ... under Order 21, Rule 90 C.P.C. ... under Order 21, #....
2025 Supreme(Online)(Del) 7318 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR, JJ
... ... Ratio Decidendi: The court reasoned that the right to reside under the PWDV Act is not absolute and balancing rights during ... their daughter-in-law from their self-acquired property if an alternate accommodation is provided, acknowledging the necessity to balance ... ... ... Findings of Court: ... The court held that the statutory protection under the PWDV Act does not render the right of senior ... It is a statutory protection against destitution and must be balanced aga....
2023 Supreme(Online)(DEL) 779 • India - High Court of Delhi
NEENA BANSAL KRISHNA, J
Section 34 , which is the nature of a petition and are required to comply with the requirements as specified under Order VI Rule 1 as well as Order VI Rule 15 of CPC. 41. ... The amendments effected to Section 26, Order IV and Order VI Rule 15 have been geared to achieve such object, but being procedural in nature, they are directory in nature and non-compliance thereof would not automatically render the plaint non-est. ... Indian I....
2024 1 Supreme 167 • India - Supreme Court
B. R. GAVAI, DIPANKAR DATTA, ARAVIND KUMAR
to decree the suit – A “judgment”, if pronounced by a court under Rule 10 of Order VIII, CPC, must satisfy requirements of Rule ... (Paras 21, 35, 37 and 51) (C) Civil Procedure Code, 1908 – Section 9 – Jurisdiction of Civil Court – Jurisdiction ... open to objection in an application under Section 47, CPC – Court must not only have jurisdiction in respect of subject matter of ... Shama Rao, AIR 1....
1971 0 Supreme(Bom) 116 • India - Bombay
N.D.KAMAT, N.A.MODY
Mody - [KEYWORD] - [SUBJECT] - Rr. 500 - A, 497, 72, 84, 85, 86 of O. 21 CPC, R. 310 of Original Side Rules - [ACT SECTION LIST ... On the 9th of August 1949 a Preliminary Mortgage Decree was passed and thereafter on the 28th of June 1950 a Decree absolute for ... Under the decree absolute for sale liberty was given to the first respondent to bid and set off the purchase money against the debt ... The provisions of Rules 10 and 13 of Order 34 are also to the same effect. The Original Side Rules and part....
2020 0 Supreme(Del) 688 • India - Delhi
JAYANT NATH
Defamation - Interim Injunction - Order 39 Rule 1 & 2 CPC - [LinkedIn, Indian ceo, Factordaily] - The court vacated the interim ... the balance of convenience was not in favor of the plaintiff. ... Ratio Decidendi: The court balanced the right to freedom of speech and expression with the plaintiff's right to reputation ... Hence, the court concluded that in India there is no absolute rule that the courts do not have powers to pass ....
1980 0 Supreme(Bom) 230 • India - Bombay
R.D.TULPULE
sale is confirmed by the Court under Order 21, Rule 92 of the Civil Procedure Code, 1908. 2. ... the title does not vest in the auction purchaser until the sale is confirmed by the Court under Order 21, Rule 92 of the Civil Procedure ... The Order passed by the authorities below was set aside and Rule was made absolute. ... To my mind the requirement of the Code in making an #HL_....
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