Or.21, Rule 64,66 and Or.21, rule 90 of C.P.C -Even though a portion of the property is enough to satisfy the decree claim, No sale should be set aside due to dereliction, negligence & carelessness of Jdr, not only in contesting the case but also in complaining the orders of the Court - Exparte Decree - E.P.Claim Rs.3,55,732/- -Sale of agricultural land of Jdr -Sale Held- Auction purchaser paid sale price of Rs.13 lakhs and odd - Sale set aside by High court - Apex court granted time to pay auction purchaser a sum of Rs.15 lakhs and odd including compensation- Jdr failed to pay the same - Jdr failed to pay the E.P. claim also to the Dhr-2015 S.C.(2014) MSK Law Reports 1
The High Court by the impugned judgment dated 13th December, 2013, allowed the petition and set aside the sale and directed the Executing Court to take appropriate action for sale of the property in question in accordance with the provisions of Rules 64 and 66 of Order XXI of the CPC. It was also directed that respondent no.1 i.e. the petitioner before the High Court should deposit the amount which had been paid to the decree holder i.e. the present respondent no.2. The amount deposited by the auction purchaser was directed to be refunded to him by the executing Court and it was also directed that respondent no.1 – the judgment debtor should be put into possession of the property in question. Apex court held that we are of the view that the judgment deli...