Supreme Court of India · 1986-01-07
GANPAT GIRI vs IIND ADDITIONAL DISTRICT JUDGE,BALIA & ORS.
- Citation / case number
- SC 1986/69817
- Court
- Supreme Court of India
- Petitioner
- GANPAT GIRI
- Respondent
- IIND ADDITIONAL DISTRICT JUDGE,BALIA & ORS.
- Author
- E.S. VENKATARAMIAH
- Bench
- E.S. VENKATARAMIAH
Judgment text excerpt
The Supreme Court held that the High Court erred in maintaining the validity of the amended Rule 72 of Order 21 of the Code of Civil Procedure after the commencement of the Amending Act, 1976. It clarified that the decree-holder's purchase of property without the executing court's express permission was invalid under the amended provisions. The Court restored the District Judge's order, affirming the executing court's decision to set aside the sale, thereby emphasizing the importance of compliance with procedural requirements under the amended law.