CHILAMKURTI BALA SUBRAHMANYAM vs SAMANTHAPUDI VIJAYA LAKSHIMI

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 the grounds of material irregularity or fraud. The Court emphasized that the burden of proof lies on the judgment debtor to establish such irregularities. The appeal was allowed, setting aside the High Court's order and restoring the trial court's dismissal of the judgment debtor's application, thereby upholding the auction sale.