Supreme Court of India
Satyanarain Bajoria and Anr. v. Ramnarain Tibrewal and Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In view of the aforesaid illegalities we have no hesitation in assuming A substantial injustice and loss to the judgment-debtor.
Judgment, page 13
From the headnote
Code of Civil Procedure, 1908-0.21, Rules 90, 54, 22, 66, 81)-Execu- tion of decree delayed for more than 2 yearl'--Auction sale for recovering decretal amount-Jugment-debtor claiming he had no knowledge of these proceedings-Held, where more than 2 years have elapsed, notice under 0.21 Rule 22 mandatory-On facts, held, notices and process not served on judg ment-debtoi-Sale set aside. Limitation Act, 1963-Schedule 1, Article 127-f'eriod of limitation 60 days-Application for setting aside sale on ground of iTTegularity and fraud made within 60 days-Held, not time- barred. The judgment-debtor
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