Overruling of objection – Non-availing of remedy in time – Effect of -- As per Order XXI Rule 92, where an application is made under Order XXI Rule 89, Order XXI Rule 90 and Order XXI Rule 91 and the same is disallowed, the Court shall make an order confirming the sale and thereafter the sale shall become absolute -- As per Order XXI Rule 94, where a sale of immovable property has become absolute, the Court shall grant a certificate specifying the property sold and the name of the person who at the time of sale is declared to be the purchaser -- Such certificate shall bear the date on which the sale became absolute -- High Court ought not to have thereafter set aside the order dated 03.03.1998 overruling the objections raised by the judgment debtors, which order was not challenged by the judgment debtors before the High Court till the year 2000 – Impugned judgment cannot be sustained and the same deserves to be quashed and set aside.

(SC) Decided on: 12.02.2021

Setting aside of -- High Court hold auction purchaser cannot be said to be the bona fide purchaser as he was related to the judgment creditor and that he was a partner of the firm in whose favour the mortgage was executed – However, application for setting aside was not filed on above ground it was submitted on the ground that no proper publication was made to get the adequate market value -- Therefore, the High Court has gone beyond the case of the judgment debtors – Even on merit High Court is not correct in observing that the auction purchaser was not a bona fide purchaser -- Partnership firm was already dissolved much before and thereafter the plaintiff inherited the assets, claims and liabilities of the firm.

(SC) Decided on: 12.02.2021

Setting aside of -- JD did not deposit the amount of Rs.4,50,000/- i.e. sale consideration together with interest in terms of Order XXI Rule 90 CPC -- Not the case of the JD that there was any material irregularity or fraud in publishing or conducting the sale -- Objection is that the decree was obtained by fraud -- Application submitted by the original judgment debtors under Order XXI Rule 90 was required to be dismissed and was rightly dismissed by the learned Executing Court.

(SC) Decided on: 12.02.2021