G.R.SELVARAJ (DEAD) THROUGH LRS. v. K.J.PRAKASH KUMAR .
Discusses key principles of execution, sale, and judgment debtor rights under CPC, useful for civil procedure study.
Court: Supreme Court of India
Citation: 2025 INSC 1353
Decision Date: 25-11-2025
List of Laws
Code of Civil Procedure, 1908
- Code of Civil Procedure, 1908: The judgment extensively discusses Order XXI Rule 66(1) and 66(2)(a) CPC, emphasizing the duty of the executing court to specify details fairly and accurately in sale proclamations, ensuring the judgment debtor has an opportunity to settle the property's value. It also delves into Order XXI Rule 90 CPC, particularly the amended Rule 90(3), which bars judgment debtors from raising grounds to set aside a sale if those grounds could have been raised before the sale proclamation. The judgment analyzes the impact of this bar and its interplay with the executing court's obligations. It references prior versions of Order XXI Rule 90 CPC before the 1976 amendment. Furthermore, Order XXI Rule 64 CPC is discussed, highlighting the executing court's duty to sell only the necessary portion of the property to satisfy the decree. The judgment cites previous cases like Ambati Narasayya vs. M. Subba Rao, Takkaseela Pedda Subba Reddi vs. Pujari Padmavathamma, and Desh Bandhu Gupta vs. N.L. Anand & Rajinder Singh to interpret these rules.
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