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august 1970

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.

RADHY SHYAM vs SHYAM BEHARI SINGH · Niyam