Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | rr. 92 Code of Civil Procedure 94 95 – Limitation Act 1908 – Or. XXI 1963 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Limitation Act, 1963 (36 of 1963) Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Matter Referred to Larger Bench |
Headnote | Code of Civil Procedure, 1908 – Or. XXI, rr. 92, 94, 95 –Limitation Act, 1963 – Art. 134 – What is the starting point oflimitation for filing an application under Rule 95 of Order XXI ofthe Code of Civil Procedure, 1908 – Held: On a conjoint readingof sub-rule (1) of r. 92 and r. 94 of Order XXI of CPC, it is apparentthat the order of confirmation of sale under sub-rule (1) of Rule 92of Order XXI culminates into a grant of a sale certificate underRule 94 of Order XXI – The date of sale to be incorporated in thesale certificate is the date of passing of the order of sale confirmation– The very fact that Rule 94 of Order XXI incorporates a requirementof issuing a sale certificate shows that the Legislature was of theview that mere order of confirmation of auction may not be sufficient– The certificate is ultimately the evidence of the fact that the auctionin favour of the person to whom a certificate is issued, has beenconfirmed by the Executing Court – Prima facie, the only way ofavoiding inconsistency between Rule 95 of Order XXI of CPC andArticle 134 of the Limitation Act is to read into Article 134 that thestarting point for making an application under Rule 95 of OrderXXI of CPC is the date on which a certificate recording confirmationof auction sale is actually issued to the purchaser – The decision ofthe Co-ordinate Bench in the case of Pattam Khader Khan requiresreconsideration by the larger Bench – In view of the Court, thelarger Bench will have to decide the issue relating to the startingpoint of limitation for making an application under Rule 95 of OrderXXI of CPC. |
Judge | Hon'ble Mr. Justice Abhay.S. Oka |
Neutral Citation | 2023 INSC 730 |
Petitioner | Bhasker & Anr. |
Respondent | Ayodhya Jewellers |
SCR | [2023] 7 S.C.R. 964 |
Judgement Date | 2023-05-10 |
Case Number | 3844 |
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