Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Civil Procedure Code 1908 : Order 21 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Civil Procedure Code, 1908 : Order 21:Issue of "saleable interest"-Auction purchaser of a house sold in execution of a decree-Application under Rule 90 filed by judgment-debtor for setting aside sale of the property on the ground that they had no saleable interest-Application dismissed by District Munsif on the ground that there was no saleable interest as a running lease of the property had a stipulation that it would not be alienated for 15 years-Held, High Court erred in allowing revision petition and setting aside the auction sale-lssue of "saleable interest" can only be raised under Rule 91-ln any event the issue of "saleable interest" can only be agitated by the purchaser and not by the judgment-debtor. Application under order 21 Rule 90 for setting aside sale of property in execution of decree-permitted grounds available for challenge of such application-Held, ground of challenge are stipulated in the provision itself, and these grounds are material irregularity and fraud.Order 21 Rule 90(3) and Section 11-Held, Rule 90(3) incorporates principles analogous to doctrine of constructive res judicata as envisaged under Section 11. Order 21 Rule 90 (as amended by Andhra Pradesh & Madras)-Furnishing of security by applicant-District Munsif had offered the judgment-debtor to deposit money in order to avoid sale-Held, there was due compliance of the provisions of law. Section 115-Revision application-Scope of-Legislative change introduced-Held, is clear enough to indicate that an order passed by court subordinate to the High Court in its appellate jurisdiction, if it is not appealable, would be within the ambit of Section 115-Thus, a revisional application would be maintainable-Further, a revision application against an order which is not appealable either before the subordinate court or the High Court would also be maintainable. Interpretation of Statutes-Determination of legislative intent-Section 11 and Order 21 Rule 90(3) C.P.C.-Held, in both provisions the legislative intent is clear and categorical that in case of intentional relinquishment of a known right, there would be no question of proceeding further. |
Judge | Hon'ble Mr. Justice U.C. Banerjee |
Neutral Citation | 2000 INSC 89 |
Petitioner | Kadiyala Rama Rao |
Respondent | Gutala Kahna Rao (dead) By Lrs. And Ors. |
SCR | [2000] 1 S.C.R. 1045 |
Judgement Date | 2000-02-18 |
Case Number | 2269 |
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