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february 1997

Supreme Court of India · 1997-02-21

LAL CHAND vs VIIITH ADDL. DIST. JUDGE

Citation / case number
SC 1996/815
Court
Supreme Court of India
Petitioner
LAL CHAND
Respondent
VIIITH ADDL. DIST. JUDGE
Author
S. SAGHIR AHMAD K. RAMASWAMY
Bench
S. SAGHIR AHMAD K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that under Order XXI, Rule 72 of the CPC, a decree-holder cannot bid for or purchase property in execution of a decree without the express permission of the court. The court found that the auction conducted was invalid as the respondent-decree holder participated without such permission, leading to the conclusion that the sale could be set aside. Consequently, the appeal was allowed, and the sale was declared invalid, reinforcing the necessity of adhering to procedural requirements in auction sales.

LAL CHAND vs VIIITH ADDL. DIST. JUDGE · Niyam