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Bare acts > Code of Civil Procedure, 1908 > Order 21 Rule 89
 
  


 

89. Application to set aside sale on deposit.- (1) Where immovable property has been sold in execution of a decree, any person claiming an interest in the property sold at the time of the sale or at the time of making the application, or acting for or in the interest of such person,] may apply to have the sale set aside on his depositing in court,—

(a) for payment to the purchaser, a sum equal to five per cent of the purchase money, and

(b) for payment to the decree holder, the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered, less any amount which may, since the date of such proclamation of sale, have been received by the decree holder.

(2) Where a person applies under rule 90 to set aside the sale of his immovable property, he shall not, unless he withdraws his application, be entitled to make or prosecute an application under this rule.

(3) Nothing in this rule shall relieve the judgment debtor from any liability he may be under in respect of costs and interest not covered by the proclamation of sale.


HIGH COURT AMENDMENTS

Allahabad.- In sub-rule (1) for “any person before such sale” read “the J.D., or any person deriving title through the J.D., or any person holding an interest in the property.”

Andhra Pradesh.- Same as in Madras.

Assam, @CMN Nagaland, Calcutta and Nicobar Islands.- In sub-rule (1) for “eiter owning such property .... sale” substitute “whose interest is affected by such sale (provided that such interest has not been voluntarily acquired by him after such sale)”.

Karnataka.- (i) in sub-rule (1) cl. (b) for the words “such proclamation .... decree-holder” substitute “that proclamation of sale, have been paid or deposited towards satisfaction of the decree.”

(ii) Ad proviso as in Madras.

Kerala, Lakshadweep Island.- (i) In clause (b) for “date of such proclamation” read “date of the proclamation”:

(ii) Insert the following provisions after cl. (b):—

“Provided that, when several items of properties are sold separately, the sale of one or more of such items may be set aside on depositing in Court the amount of the purchase money for the items the sale of which is sought to be set aside and a sum equal to five per cent of that amount, and the balance, if any, of the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered still remains unrealised:

Provided further that where the immovable property sold is liable to discharge a portion of the decree debt, the payment under clause (b) of this sub-rule need not exceed such amount as under the decree the owner of the property sold is liable to pay.” (9.6.1959).

Madras.- (i) in clause (b) for “date of such proclamation” read “date of that proclamation”;


(ii) Insert the following proviso at the end of sub-rule (1):—

“Provided that where the immovable property sold is liable to discharge a portion of the decree debt the payment under clause (b) of this sub-rule need not exceed such amount as under the decree the owner of the property sold is liable to pay.” (13.10.1936).

Orissa.- Deleted (14.5.1984).

 

 

 

 

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