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october 2007

Supreme Court of India · 2007-10-09

T. Vijendradas & Another vs M. Subramanian & Others

Citation / case number
AIR 2008 SUPREME COURT 563
Court
Supreme Court of India
Petitioner
T. Vijendradas & Another
Respondent
M. Subramanian & Others
Author
S.B. Sinha
Bench
S.B. Sinha, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court interpreted Order XXI, Rule 92(4) of the Code of Civil Procedure, 1908, holding that the failure to notify the judgment debtor about the reduction of the upset price in an auction sale is a violation of procedural requirements, rendering the sale invalid. The Court emphasized that the principles of natural justice must be adhered to in execution proceedings, and the auction sale conducted without proper notice was set aside. Consequently, the appeal was allowed, restoring the rights of the original plaintiff, Sakunthala.

T. Vijendradas & Another vs M. Subramanian & Others · Niyam