Supreme Court of India
Kharaiti Lal v. Raminder Kaur and Ors.
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What the Court ordered
For the reasons stated above, we allow the appeals, set aside the judgment dated July 2, 1998, passed by the Division Bench and restore the judgment dated 30.8.1985, passed by the Single Judge.
Judgment, page 6
From the headnote
Code of Civil Procedure, 1908 : Order 34 Rule 5, Order 21 Rule 90-Confirmation of sale-Mortgage suit-Auction sale-Application to set aside the sale, rejected-Confirmation of sale-Orders refusing to set aside. the sale and c01rfi.rmation of sale chal lenged in appeal-Deposits made pending appeal-Held, it would be open to judgment debtor to invoke provisions of Order 34 Rule 5 and make necessary deposits. The appellant mortgaged an industrial plot. Later the mortgagee filed a suit for foreclosure in order to recover the mortgage money by sale of the said plot and the building constructed
Authorities it was built on
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