RAMCHANDRA SPG. & WVG. MILLS versus BIJLI COTTON MILLS & ORS.

RAMCHANDRA SPG. & WVG. MILLS versus BIJLI COTTON MILLS & ORS.

An order by an executing court setting aside an auction sale as a nullity for non-compliance with Order 21 Rule 84 conclusively determines the rights of the auction-purchaser and judgment-debtor in respect to the sale. Such an order is not interlocutory but a final order, falling within the definition of 'decree' under section 2(2) read with section 47 of the Code of Civil Procedure, and is therefore appealable under section 96.

Parties
Appellant: RAMCHANDRA SPG. & WVG. MILLS; Respondents: BIJU COTTON MILLS & ORS.
Jurisdiction
India
Judgment Date
16 December 1966
Procedural Posture
Civil Appeal / Appeal by Special Leave Against Judgment and Order of the Allahabad High Court in Execution First Appeal No. 470 of 1962
Outcome
Appeal dismissed
Legal Topics
Execution of Decrees, Appealability of Orders, Auction Sale in Execution, Nullity of Sale
Civil Procedure Execution of Decrees Appealability of Orders Auction Sale in Execution Nullity of Sale

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

RAMCHANDRA SPG. & WVG. MILLS

Appellant

BIJU COTTON MILLS & ORS.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave Against Judgment and Order of the Allahabad High Court in Execution First Appeal No. 470 of 1962

Legal Issues

  1. 1 Whether an order by an executing court setting aside an auction sale as a nullity is an appealable order.
  2. 2 Whether non-compliance with Order 21 Rule 84 renders a sale a nullity and if so, under what provision an appeal lies.

Ratio Decidendi

An order by an executing court setting aside an auction sale as a nullity for non-compliance with Order 21 Rule 84 conclusively determines the rights of the auction-purchaser and judgment-debtor in respect to the sale. Such an order is not interlocutory but a final order, falling within the definition of 'decree' under section 2(2) read with section 47 of the Code of Civil Procedure, and is therefore appealable under section 96.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed with costs.