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april 1954

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.

MANILAL MOHANLAL SHAH AND OTHERS vs SARDAR SAYED AHMED SAYED MAHMAD AND ANOTHER. · Niyam