GANPAT GIRL versus IIND ADDITLONAL DISTRICT JUDGE, BALIA & ORS.

GANPAT GIRL versus IIND ADDITLONAL DISTRICT JUDGE, BALIA & ORS.

The local amendment to Rule 72 of Order 21 in Uttar Pradesh, which removed the requirement for decree-holder to obtain permission before purchasing at court sale, became inoperative after the commencement of the Code of Civil Procedure (Amendment) Act, 1976, by virtue of section 97(1); the High Court erred in holding otherwise. The sale was assailable due to lack of permission.

Parties
Appellant: Ganpat Giri; Respondents: IInd Additional District Judge, Balia & Ors.
Jurisdiction
India
Judgment Date
07 January 1986
Procedural Posture
Civil Appeal / Supreme Court Appeal Against Order of Allahabad High Court
Outcome
Appeal allowed
Legal Topics
Effect of Amendments to Code of Civil Procedure, Repeal of Inconsistent Local Amendments, Execution Proceedings, Court Sales, Decree Holder Purchase of Property
Civil Procedure Effect of Amendments to Code of Civil Procedure Repeal of Inconsistent Local Amendments Execution Proceedings Court Sales Decree Holder Purchase of Property

Case Brief

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Parties

Ganpat Giri

Appellant

IInd Additional District Judge, Balia & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal Against Order of Allahabad High Court

Legal Issues

  1. 1 Whether local amendment to Order 21 Rule 72 in Uttar Pradesh continued to operate after the Code of Civil Procedure (Amendment) Act, 1976
  2. 2 Whether a court sale where decree-holder purchased property without permission is valid under amended procedural law

Ratio Decidendi

The local amendment to Rule 72 of Order 21 in Uttar Pradesh, which removed the requirement for decree-holder to obtain permission before purchasing at court sale, became inoperative after the commencement of the Code of Civil Procedure (Amendment) Act, 1976, by virtue of section 97(1); the High Court erred in holding otherwise. The sale was assailable due to lack of permission.

Court Disposition

Appeal allowed

Orders

  • Order of High Court set aside
  • Order of District Judge affirming executing court's order restored