ORDER XXI  SALE OF IMMOVABLE PROPERTY - RULE 90, 91, 92, 93, 94, 95, 96 OF CODE OF CIVIL PROCEDURE 1908

What is Application to set aside sale on ground of irregularity or fraud? What is Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest? Sale when to become absolute or be set aside? What is Return of purchase-money in certain cases? What is Certificate to purchaser? What is Delivery of property in occupancy of judgment-debtor? How is Delivery of property in occupancy of tenant? Rule 90, 91, 92, 93, 94, 95 and 96 of Order XXI of Code of Civil Procedure 1908

Application to set aside sale on ground of irregularity or fraud, Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest, Sale when to become absolute or be set aside, Return of purchase-money in certain cases, Certificate to purchaser, Delivery of property in occupancy of judgment-debtor and Delivery of property in occupancy of tenant are defined under Rule 90, 91, 92, 93, 94, 95 and 96  of Order XXI of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 90 Order XXI of Code of Civil Procedure 1908 "Application to set aside sale on ground of irregularity or fraud"

(1) Where any immovable property has been sold in execution of a decree, the decree-holder, or the purchaser, or any other person entitled to share in a ratable distribution of assets or whose interests are affected by the sale, may apply to the Court to set aside the sale on the ground of a material irregularity or fraud in publishing or conducting it.

(2) No sale shall be set aside on the ground of irregularity or fraud in publishing or conducting it unless, upon the facts proved, the Court is satisfied that the applicant has sustained substantial injury by reason of such h irregularity or fraud.

(3) No application to set aside a sale under this rule shall be entertained upon any ground which the applicant could have taken on or before the date on which the proclamation of sale was drawn up.

Explanation.-The lucre absence of, or defect in, attachment of the property sold shall not, by it be a ground for setting aside a sale under this rule.

Rule 91 Order XXI of Code of Civil Procedure 1908 "Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest"

The purchaser at any such sale in execution of a decree-may apply to the Court to set aside the sale, on the ground that the judgment-debtor had no saleable interest in the property sold.

Rule 92 Order XXI of Code of Civil Procedure 1908 "Sale when to become absolute or be set aside"

(1) Where no application is made rule 89, rule 90 or rule 91, or where such application is made and disallowed, the Court shall make an order confirming the sale, and thereupon the sale shall become absolute:

9[Provided that, where any property is sold in execution of a decree pending the final disposal of any claim to, or any objection to the attachment of, such property, the Court shall not confirm such sale until the final disposal of such claim or objection.

(2) Where such application is made and allowed, and where. in the case of an application under rule 89, the deposit required by that rule is made within thirty days from the date of sale, 43[or in cases where the amount of the deposited under rule 89 is found to be deficient owing to any clerical or arithmetical mistake on the part of the depositor and such deficiency has been made good within such time as way be fixed by the Court, the Court shall make an order setting aside the sale:

Provided that no order shall be made unless notice of the application has been given to all persons affected thereby.

(3) No suit to set aside an order made under this rule shall be brought by any person against whom such order is made.

(4) Where a third party challenges the judgment-doubter's title by filing a suit against the auction-purchaser, the decree-holder and the judgment-debtor shaft be necessary parties to the suit.

(5) if the suit referred to in sub-rule (4) is decreed, the Court shall direct the decree-holder to refund the money to the auction-purchaser, and where such an order is passed the execution proceeding in which sale the had been held shall, unless the Court otherwise directs, be revived at the stage at which the sale was ordered.

Rule 93 Order XXI of Code of Civil Procedure 1908 "Return of purchase-money in certain cases"

Where a sale of immovable property is set aside under 92, the purchaser shall be entitled to an order for repayment of his purchase-money, with or without interest as the Court may direct, against any person to whom it has been paid.

Rule 94 Order XXI of Code of Civil Procedure 1908 "Certificate to purchaser"

Where a sale of immovable property has become absolute, the Court a grant a certificate specifying the property sold and the name of the person who at the time of sale is declared to be the purchaser. Such certificate shall bear date the day on which the sale became absolute.

Rule 95 Order XXI of Code of Civil Procedure 1908 "Delivery of property in occupancy of judgment-debtor"

Where the immovable property sold is in the occupancy of the judgment-debtor or some person on his behalf or of some person claiming under a title created by the judgment-debtor subsequently to the attachment of such property and a certificate in respect thereof has been granted under rule 94, the Court shall, on the application of the purchaser, order to delivery to be made by putting such purchaser or any person whom he may appoint to receive delivery on his behalf in possession of the property, and, if need be, by removing any person who refuses to vacate the same.

Rule 96 Order XXI of Code of Civil Procedure 1908 "Delivery of property in occupancy of tenant"

Where the property sold is in the of a occupancy of a tenant or other person entitled to occupy same and a certificate in respect thereof has been granted under rule 94, the Court shall, on the application of the purchaser, order delivery to be made by affixing a copy of the certificate of sale in some conspicuous place on the property, and proclaiming to the occupant by beat of drum or other customary mode, at some convenient place, that the interest of the judgment-debtor has been transferred to the purchaser.

Home     About Us     Privacy Policy     Disclaimer     Sitemap