AI Overview...
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Order 21 Rule 90 - Dismissal and Civil Revision
When an application under Order 21 Rule 90 (application to set aside or modify sale) is dismissed, the petitioner generally has the right to file a civil revision petition challenging that order. Several cases confirm that dismissal of Rule 90 applications does not bar the filing of a civil revision, as the revision provides a remedy against orders passed in execution proceedings. For instance, Raghavan (Died) VS Sivakumar - Madras and V. Subbarmma VS Koniki Chengama Naidu - Andhra Pradesh emphasize that civil revision is maintainable when Rule 90 applications are dismissed, especially if the dismissal is for default or non-prosecution. -
Appeal vs. Civil Revision
An appeal is typically not maintainable against an order in civil revision under the Letters Patent or specific provisions, as clarified in Munikrishna Reddy VS S. K. Ramaswami - Madras, which states that civil revision is the proper remedy, not an appeal, against orders passed in execution proceedings, including those related to Rule 90. -
Dismissal for Default and Subsequent Remedies
If a Rule 90 application is dismissed for default, the aggrieved party can still approach the civil court via civil revision, as the dismissal does not extinguish the right to challenge the order on merits, supported by Munikrishna Reddy VS S. K. Ramaswami - Madras and Malempati Harinarayana VS Vankayalapati Subba Rao - Andhra Pradesh. -
Limitations and Procedural Aspects
The limitation period for filing civil revision against an order under Order 21 Rule 90 is generally governed by the Limitation Act, and the revision petition should be filed within the prescribed period. The revision is also available when the sale is challenged on grounds such as irregularity or illegality, as seen in CHANNABASAPPA VS NANJUNDAPPA - Karnataka and Ramashray Prasad Choudhary VS Krishna Nandan Singh - Patna. -
Summary
In summary, when an Order 21 Rule 90 application is dismissed—whether for default, non-prosecution, or on merits—the proper remedy is to file a civil revision petition. This remedy is available to challenge the order's legality or irregularity, and such petitions are generally maintainable unless barred by specific procedural limitations. Appeals are not the appropriate remedy in these contexts, as clarified in the relevant case laws.
References:
- Raghavan (Died) VS Sivakumar - Madras, V. Subbarmma VS Koniki Chengama Naidu - Andhra Pradesh, Munikrishna Reddy VS S. K. Ramaswami - Madras, Malempati Harinarayana VS Vankayalapati Subba Rao - Andhra Pradesh, CHANNABASAPPA VS NANJUNDAPPA - Karnataka, Ramashray Prasad Choudhary VS Krishna Nandan Singh - Patna
Search Results for "When Order 21 Rule 90 is Dismissed Whether Civil Revision should File or Op C"
2013 0 Supreme(AP) 29 • India - Andhra Pradesh
M.S.RAMACHANDRA RAO
Judge, is directed to consider in the light of Order 21 Rule 64 CPC and the above quoted decisions whether item 2 or part or whole ... Code of Civil Procedure, 1908 – Order 21 Rule 90, Order 21 Rule 54 (2), Sections 47, 115 – Modifying the ... . in E.P. on the file of Principal Junior Civil Judge – Held, Judgment debtor or third party auction purchaser cannot #H....
1968 0 Supreme(Mad) 157 • India - Madras
VENKATARAMAN
Rule 1 (j), even if the application under Order 21, Rule 90 was dismissed for default. ... C. - LETTERS PATENT CLAUSE 15 - APPEAL UNDER - NOT MAINTAINABLE AGAINST ORDER IN CIVIL REVISION PETITION. ... right of appeal even in a case where the application under O. 21, Rule 90 is dismissed for default. ... There I converted the civil miscellaneous....
1974 0 Supreme(Cal) 201 • India - Calcutta
SANKAR PRASAD MITRA, M.M.DUTT, AMAL KRISHNA DE
the Court of first instance when his application under Order 21 Rule 90 was dismissed for default, and whether the sale shall be ... Whether an application under section 151 of the CPC is maintainable when an application under Order 21 Rule 90 has been dismissed ... the Court of first instance when his application under Order 21 Rule#....
2023 0 Supreme(Mad) 3225 • India - Madras
R. VIJAYAKUMAR
CIVIL REVISION PETITION - Recovery of Money - Code of Civil Procedure - Order 21 Rule 90 - Limitation Act - Inherent Power of ... Ratio Decidendi: The Court held that the revision petitioner had the right to file the application under Order 21 Rule 90, ... petitioner's right to file the application under Order 21 Ru....
1995 0 Supreme(AP) 676 • India - Andhra Pradesh
S.DASARADHA RAMA REDDY
CIVIL FROCEDURE CODE, Sec 47, Order 21, Rule 89 - Judgment-Debtor having not filed any petition under Order 21 Rule 89 can not file ... 21 Rule 90 but not a separate suit - The executing Court has jurisdiction to decide the objection petition ... ground inter alia that it was ancestral in nature - This question could have been considered by raising objection under Sec 47 r/w Order#HL_EN....
1997 0 Supreme(Pat) 629 • India - Patna
S.N.JHA
Final Decision: The court dismissed the petitioner's civil revision, holding that the application to set aside the sale was ... 21, Rule 90, which was dismissed for non-prosecution, and that the provisions of Order 21, Rule 64, which require the court to sell ... Whether the provisions of Order 21, Rule 64, were applicable in this case? Ratio ....
1998 0 Supreme(AP) 215 • India - Andhra Pradesh
V.BHASKARA RAO
– Civil Revision Petition Allowed ... Limitation Act – Article 127 – Civil Procedure Code, 1908 – Order 21 Rule 91, Rule 90, Section 47 – Issue ... of Land – Execution of the decree – Judgment-debtors in EP No. 334 of 1990 have filed this revision petition challenging the order ... The substance of the application must be considered in order to determine whether the application is one which falls....
1999 0 Supreme(Kar) 492 • India - Karnataka
T.N.VALLINAYAGAM
CIVIL REVISION PETITION - Execution of Decree - Order 21 Rule 89, 90 - Summary Fact of the Case: The case involves ... Final Decision: The Civil Revision Petition was dismissed, and no order as to costs was made. ... The main issues were whether the sale could be set aside without filing an application under Order 21 Rule 89, wheth....
2010 0 Supreme(Mad) 1794 • India - Madras
C.S.KARNAN
Final Decision: The Civil Revision Petition was dismissed, and the order of the Sub Court confirming the dismissal of the ... Court Auction - Dispute over Property Auction - Order 21, Rule 66, Civil Procedure Code - The court discussed the legality of ... Fact of the Case: The revision petitioner challenged the auction purchase of the eighth item of property, alleging ... Therefore, it has been argued that the civil rev....
1986 0 Supreme(Kar) 312 • India - Karnataka
KULKARNI
Rule 138 - Sale of Immovable Property - Karnataka Civil Rules of Practice - [Order 21 Rule 90, Order 21 Rule 95, Section 47 of ... The trial Court dismissed the petitioner's application under Section 47 of C. P. C., leading to the revision. ... Final Decision: The Revision Petition is allowed, the sale dated 29-7-1978 is set aside, and the resultant order of co....
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