Supreme Court of India · 1997-02-19
S.R.DAYANANDA vs KS NAGESH RAO
- Citation / case number
- SC 1997/70
- Court
- Supreme Court of India
- Petitioner
- S.R.DAYANANDA
- Respondent
- KS NAGESH RAO
- Author
- S. SAGHIR AHMAD K. RAMASWAMY
- Bench
- S. SAGHIR AHMAD K. RAMASWAMY
Judgment text excerpt
The Supreme Court upheld the decision of the Karnataka High Court which set aside a sale conducted under Order XXI, Rule 90 of the Code of Civil Procedure (CPC) due to non-compliance with mandatory procedural requirements under Order XXI, Rule 64, CPC. The Court clarified that the adequacy of consideration is not a sufficient ground to validate a sale if procedural compliance is lacking, as established in Desh Bandhu Gupta v. N.L. Anand & Rajinder Singh [(1991) 1 SCC 131]. The Special Leave Petition was dismissed, affirming the lower courts' rulings.