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november 1991

Supreme Court of India · 1991-11-13

KUMAR SUDHENDU NARAIN DEB vs MRS. RENUKA BISWAS AND ORS.

Citation / case number
SC 1977/61767
Court
Supreme Court of India
Petitioner
KUMAR SUDHENDU NARAIN DEB
Respondent
MRS. RENUKA BISWAS AND ORS.
Author
M.M. PUNCHHI
Bench
M.M. PUNCHHI

Judgment text excerpt

The Supreme Court held that under Section 47 of the Code of Civil Procedure (C.P.C.), the appellant's objections regarding the sale of mortgaged property were dismissed, affirming that the execution petitions could be consolidated. The Court ruled that the appellant's claims of lack of saleable interest and oversight of the Bengal Money Lenders’ Act were insufficient to set aside the auction sale. Consequently, the confirmation of the auction sale was upheld, reinforcing the principle that procedural compliance in execution matters is paramount.

KUMAR SUDHENDU NARAIN DEB vs MRS. RENUKA BISWAS AND ORS. · Niyam