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february 1997

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.

S.R.DAYANANDA vs KS NAGESH RAO · Niyam