RAJENDER SINGH versus RAMDHAR SINGH AND ORS.

RAJENDER SINGH versus RAMDHAR SINGH AND ORS.

Failure to comply with Section 136 CPC is only a procedural irregularity and does not invalidate the attachment order; mere inadequacy of price is not a ground for setting aside court auction sale; the effect of prior sale agreements should be considered on remand.

Parties
Appellant: Rajender Singh; Respondents: Ramdhar Singh and Ors.
Jurisdiction
India
Judgment Date
11 May 2001
Procedural Posture
Civil Appeal / Appeal From Order in Civil Revision No. 1208/87, Patna High Court
Outcome
Appeal disposed of; matter remanded to High Court for consideration of prior sale agreements.
Legal Topics
Attachment Before Judgment, Execution Proceedings, Auction Sale, Procedure for Attachment of Property Outside Jurisdiction
Civil Procedure Attachment Before Judgment Execution Proceedings Auction Sale Procedure for Attachment of Property Outside Jurisdiction

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Parties

Rajender Singh

Appellant

Ramdhar Singh and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Order in Civil Revision No. 1208/87, Patna High Court

Legal Issues

  1. 1 Whether procedural non-compliance with Section 136 CPC invalidates an attachment order for property outside jurisdiction
  2. 2 Whether inadequacy of consideration is ground for setting aside auction sale
  3. 3 Whether agreements to sell prior to attachment prevail over subsequent attachment and sale

Ratio Decidendi

Failure to comply with Section 136 CPC is only a procedural irregularity and does not invalidate the attachment order; mere inadequacy of price is not a ground for setting aside court auction sale; the effect of prior sale agreements should be considered on remand.

Court Disposition

Appeal disposed of; matter remanded to High Court for consideration of prior sale agreements.

Orders

  • High Court to consider the plea of respondents regarding two prior agreements allegedly executed.
  • Parties to bear their respective costs.