S. A. SUNDARARAJAN versus A. P. V. RAJENDRAN

S. A. SUNDARARAJAN versus A. P. V. RAJENDRAN

The application to set aside the sale based on the alleged irregularities and omissions in the sale proclamation is referable to Rule 90 of Order XXI of the Code of Civil Procedure and not to Section 47, as the errors amounted merely to irregularities that do not render the sale void.

Parties
Appellant: S. A. Sundararajan; Respondent: A. P. V. Rajendran
Jurisdiction
India
Judgment Date
13 January 1981
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment of the Madras High Court Dated 14 6 1979 in AAO No. 386/75
Outcome
Appeal dismissed
Legal Topics
Execution of Decree, Setting Aside Court Sales, Sale Proclamation Irregularities
Civil Procedure Execution of Decree Setting Aside Court Sales Sale Proclamation Irregularities

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Parties

S. A. Sundararajan

Appellant

A. P. V. Rajendran

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment of the Madras High Court Dated 14 6 1979 in AAO No. 386/75

Legal Issues

  1. 1 Whether an application to set aside a sale for irregularities in the sale proclamation and conduct of sale lies under Order XXI Rule 90 or under Section 47 of the Code of Civil Procedure

Ratio Decidendi

The application to set aside the sale based on the alleged irregularities and omissions in the sale proclamation is referable to Rule 90 of Order XXI of the Code of Civil Procedure and not to Section 47, as the errors amounted merely to irregularities that do not render the sale void.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs