Supreme Court of India · 2017-05-02
Chilamkurti Bala Subrahmanyam vs Samanthapudi Vijaya Lakshimi & Anr
- Citation / case number
- AIR 2017 SUPREME COURT 2443
- Court
- Supreme Court of India
- Petitioner
- Chilamkurti Bala Subrahmanyam
- Respondent
- Samanthapudi Vijaya Lakshimi & Anr
- Author
- Abhay Manohar Sapre
- Bench
- Abhay Manohar Sapre, R.K. Agrawal
Judgment text excerpt
The Supreme Court held that the provisions of Order 21 Rule 90 of the Code of Civil Procedure, 1908 allow a judgment debtor to challenge an auction sale on grounds of irregularity in the sale process. The Court emphasized that the auction sale can be set aside if the judgment debtor demonstrates that the irregularities caused substantial injury to their interests. In this case, the Court found that the auction was conducted without proper adherence to the procedural requirements, leading to the setting aside of the sale in favor of the judgment debtor.