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

The Supreme Court held that an order by an executing court declaring an auction sale as a nullity is appealable under Section 96 of the Civil Procedure Code, as it constitutes a final order determining the rights of the parties involved. The Court clarified that since the sale was declared a nullity, there was no material irregularity under Order 21 Rule 91 applicable. The previous decision in Mrs. Peliti v. Kanshi Gopal was disapproved, while the principles from Manilal Mohanlal Shah & Ors. v. Sardar Sayed Ahmed Sayed Mohamad & Anr. were followed.