S.S. DAYANANDA versus K.S. NAGESH RAO AND ORS.

S.S. DAYANANDA versus K.S. NAGESH RAO AND ORS.

Non-compliance with the mandatory procedural requirements of Order XXI, Rule 64, CPC vitiates the sale in execution and justifies setting aside the sale.

Parties
Petitioner: S.S. Dayananda; Respondent: K.S. Nagesh Rao; Respondents: Others
Jurisdiction
India
Judgment Date
19 February 1997
Procedural Posture
Special Leave Petition / Dismissed
Outcome
Petition dismissed
Legal Topics
Sale in Execution, Setting Aside Sale, Procedural Compliance
Civil Procedure Sale in Execution Setting Aside Sale Procedural Compliance

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Parties

S.S. Dayananda

Petitioner

K.S. Nagesh Rao

Respondent

Others

Respondents

Procedural Posture

Special Leave Petition / Dismissed

Legal Issues

  1. 1 Whether non-compliance of Order XXI, Rule 64, CPC vitiates the sale in execution
  2. 2 Whether adequacy of sale consideration is a ground to set aside the sale

Ratio Decidendi

Non-compliance with the mandatory procedural requirements of Order XXI, Rule 64, CPC vitiates the sale in execution and justifies setting aside the sale.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition dismissed
  • High Court order confirming appellate ruling setting aside sale affirmed