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.