AI Overview...
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Sale in Contravention of Order 21, Rule 67(1) CPC - Such a sale is not necessarily void or without jurisdiction; it is considered irregular but valid unless challenged properly NARAYANAN NAMBUDIRIPAD VS THOMMAKUTTY - Kerala.
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Non-Service of Notice under Order 21, Rule 22 - The absence of proper notice renders the sale void, emphasizing the importance of service to uphold validity United Electronics (India) Ltd. VS Ajay Kumar - Himachal Pradesh.
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Irregularities and Fraud in Sale - Material irregularities or fraud, such as inadequate price or irregular conduct, provide grounds to set aside the sale under Order 21, Rule 90; however, mere irregularities without fraud may not always invalidate the sale RAM KRISHNA KAPOOR VS PURSHOTTAM DAS PODDAR - Allahabad, Kaki Papayamma VS Margadarsi Chit Funds Rajahmundry - Andhra Pradesh, SATYANARAYANA SONI VS State OF A. P. COLLECTOR, MEDAK - Andhra Pradesh.
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Sale Without Speaking Order - Confirmations of sale made without a speaking order or compliance with mandatory provisions (e.g., Order 21, Rule 66) are held to be illegal and without jurisdiction Nandkishor Daulatrao Shelke VS Baban Vitthal Mhaske & another - Bombay, SIDDAGANGAIAH (D) THR. LRS. VS N. K. GIRIRAJA SHETTY (D) THR. LRS. - Supreme Court.
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Appealability and Finality - Orders confirming sales, especially those made without proper procedures or speaking orders, are generally not appealable, but can be challenged on grounds of irregularity or fraud United Electronics (India) Ltd. VS Ajay Kumar - Himachal Pradesh.
Analysis and Conclusion:
A sale conducted without a speaking order or without proper service of notice under Order 21 CPC can be considered irregular or voidable. While some irregularities, like non-service of notice, render the sale void, others, such as procedural irregularities without fraud, may be merely irregular but not void. The key factor is whether the irregularity affects the jurisdiction or is material enough to vitiate the sale. Proper adherence to procedural safeguards, including speaking orders and service of notice, is crucial for the validity of a sale under Order 21 CPC.
Search Results for "Without Speaking Order in Sale is a Irregularity under Order 21 Cpc"
1966 0 Supreme(Ker) 229 • India - Kerala
S.VELU PILLAI, T.S.KRISHNAMOORTHY IYER
A sale held in contravention of the provisions of Order 21, Rule 67(1), CPC is not without jurisdiction and is not null and void. ... 21, Rule 67(1), CPC is not without jurisdiction and is not null and void. ... Ratio Decidendi: A sale held in contravention of the provisions of Order 21, Rule 67(1), CPC is not without jurisdiction and ... Mani Naicka AIR. 1953 ....
2019 0 Supreme(Mad) 138 • India - Madras
M.V.MURALIDARAN
Code Of Civil Procedure, 1908 - Order 21, Rule 90 - Order 21, Rule 64 and 66 - Order 21, Rule 90 (3) - Order ... support of petition, appellant has not averred how sale was affected by irregularity and/or fraud - There is also no specific allegation ... - It is stated that first respondent/decree-holder had fraudulently filed sale papers without entry of mortgage details in encum....
2016 0 Supreme(HP) 1872 • India - Himachal Pradesh
MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN
92 CPC - ORDER 43 RULE 1(J) CPC - WAIVER - ESTOPPEL - MATERIAL IRREGULARITY - INADEQUACY OF PRICE. ... ambit of Order 21 Rule 92 CPC and is not appealable. 6. ... EXECUTION OF DECREE - SALE - CONFIRMATION - APPEAL - MAINTAINABILITY - ORDER CONFIRMING SALE - NOT APPEALABLE - ORDER 21 RULE ... Therefore, failure to apply its mind to this aspect of the conduct of the sale#....
1957 0 Supreme(Pat) 146 • India - Patna
K.AHMAD, KANHAIYA SINGH
Whether the non-service of notice under Order 21, Rule 22 of the CPC rendered the sale void or merely voidable? 2. ... Ratio Decidendi: The Court held that the non-service of notice under Order 21, Rule 22 of the CPC rendered the sale void and ... Sundar Das Khetri, which held that the absence of notice under Section 248 of the CPC (the predecessor of Order 21, Rule 22) made ... Speakin....
1980 0 Supreme(All) 323 • India - Allahabad
K.N.SINGH, V.N.VARMA
OF SALE - ADEQUATE PRICE - ORDER 21, RULE 90 C. ... To set aside a sale under Order 21, Rule 90 C. P. ... from such irregularity or fraud. 2. ... In default his objection under Order 21, Rule 90 C. P. C. was to stand dismissed. ... In this case also no time was fixed for the sale and the sale had taken place without a fresh ....
• India - Andhra Pradesh
RAMANUJULU NAIDU, K.RAMASWAMY
The petitioners filed applications under Order 21 Rule 90 CPC to set aside the sale of their respective properties. ... ORDER 21 RULE 90 CPC - AMENDMENT ACT, 1976 - REPEAL OF PROVISO - VALIDITY OF RULES MADE BY HIGH COURTS - REPEAL BY IMPLICATION ... There is a clear collision between the two and the proviso cannot operate without coming into conflict with or collision with the ... The petitioners filed applications under Order #HL_....
1983 0 Supreme(Mad) 382 • India - Madras
K.SHANMUKHAM
Code of Civil Procedure, 1908—Order 21, Rules 66 and 90—Applicability—Sale without proper service of notice on the judgment debtor ... void—For Irregularities in the conduct and publication of sale an application to set aside the same has to be filled under Order ... It is equally well settled that any court sale held without service of notice on the judgment-debtor as prescribed under Order 21 , ....
1986 0 Supreme(AP) 263 • India - Andhra Pradesh
I.P.RAO, K.RAMASWAMY
CIVIL PROCEDURE CODE - ORDER 21 RULE 90(2) - SALE - SETTING ASIDE - GROUNDS - MATERIAL IRREGULARITY OR FRAUD - INADEQUACY OF PRICE ... the irregularity or fraud in conducting the sale. ... Fact of the Case: In a private sale conducted under Order 21 Rule 83 C.P.C., surplus lands were sold at a price lower ... The third proviso to Rule 90 of Order 21 ....
2004 0 Supreme(Bom) 1287 • India - Bombay
B.P.DHARMADHIKARI
21, Rules 84 and 85, and the lower Court's confirmation of sale and issuance of possession order were without jurisdiction. ... sale - Court's duty to set aside sale on ground of irregularity or fraud - Confirmation of sale held illegal - Auction purchaser ... The confirmation of sale and issuance of possession order were held to be illegal and without jurisdiction. ... , without....
2018 0 Supreme(SC) 604 • India - Supreme Court
ARUN MISHRA, UDAY UMESH LALIT
- Transfer of property on right to maintenance - Effect - Section 28 cannot be invoked against transferee for consideration without ... Plaintiff has not questioned auction so held by court on ground of fraud or any material irregularity. ... It was also contended that the court sale was mechanically made and confirmed without speaking order and without compliance with the mandatory provisions of Order XXI Rule 66. No such ground has been taken in t....
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