Supreme Court of India · 1970-08-12
RADHY SHYAM vs SHYAM BEHARI SINGH
- Citation / case number
- SC 1966/60502
- Court
- Supreme Court of India
- Petitioner
- RADHY SHYAM
- Respondent
- SHYAM BEHARI SINGH
- Bench
- SHELAT, J.M.
Judgment text excerpt
The Supreme Court held that an order under Order XXI, Rule 90 of the Civil Procedure Code (CPC) is a 'judgment' as it affects the valuable rights of the parties involved. The Court clarified that for a sale to be set aside due to material irregularity, the applicant must demonstrate that they sustained injury as a result of such irregularity, not merely the existence of a material irregularity itself. The appeal was dismissed as the appellant failed to prove that the alleged irregularity caused any inadequacy in the sale price, affirming the Division Bench's ruling.