Supreme Court of India · 1954-04-14
MANILAL MOHANLAL SHAH AND OTHERS vs SARDAR SAYED AHMED SAYED MAHMAD AND ANOTHER.
- Citation / case number
- SC 1953/1448
- Court
- Supreme Court of India
- Petitioner
- MANILAL MOHANLAL SHAH AND OTHERS
- Respondent
- SARDAR SAYED AHMED SAYED MAHMAD AND ANOTHER.
- Bench
- HASAN, GHULAM
Judgment text excerpt
The Supreme Court held that the provisions of Order XXI, Rules 84 and 85 of the Civil Procedure Code, requiring a 25% deposit of the purchase money immediately upon being declared a purchaser and the balance within 15 days, are mandatory. Non-compliance with these provisions renders the sale a complete nullity, and the court's inherent powers cannot override these mandatory requirements. Additionally, under Order XXI, Rule 72, a decree-holder cannot purchase property at auction without court permission, and this provision is deemed directory, allowing for discretion in setting aside sales without such permission.