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november 1966

Supreme Court of India · 1966-11-08

JANAK RAJ vs GURDIAL SINGH AND ANR.

Citation / case number
SC 1966/60227
Court
Supreme Court of India
Petitioner
JANAK RAJ
Respondent
GURDIAL SINGH AND ANR.
Bench
MITTER, G.K.

Judgment text excerpt

The Supreme Court held that under Order XXI, Rule 92 of the Code of Civil Procedure, a sale of immovable property in execution of an ex parte money decree can be confirmed even if the decree is subsequently set aside, provided no application to set aside the sale is made under Rules 89 to 91. The court emphasized that the law protects the judgment-debtor's interests, allowing them to challenge the sale under specific provisions, but if no such challenge is made, the sale must be confirmed. The appeal was allowed, confirming the sale.

JANAK RAJ vs GURDIAL SINGH AND ANR. · Niyam