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october 2007

Supreme Court of India · 2007-10-09

T.VIJENDRADAS vs M.SUBRAMANIAN

Citation / case number
SC 2006/17939
Court
Supreme Court of India
Petitioner
T.VIJENDRADAS
Respondent
M.SUBRAMANIAN
Author
HARJIT SINGH BEDI S.B. SINHA
Bench
HARJIT SINGH BEDI S.B. SINHA

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. The Court emphasized that such a failure can render the auction sale invalid, thereby protecting the rights of the original owner. The appeal was allowed, and the auction sale was set aside due to non-compliance with the procedural mandates of the CPC.

T.VIJENDRADAS vs M.SUBRAMANIAN · Niyam