2024 SCMR 1218
The conditions required to be satisfied under Order XXI, rule 90 are
(I) material irregularity or fraud
(iii) a deposit of twenty percent of the sum realized at the sale, or furnishes such security as court direct.
It is significant to understand the scheme provided for sale of an immovable property to satisfy the execution of decree under the CPC. Order XXI CPC itself is an exhaustive order and provides a comprehensive mechanism regarding the execution of the decree. For the satisfaction of the decree by the sale of suit property, Court issues a proclamation of sales through public auction in accordance with provisions of Order XXI, rule 66 of CPC. Eventually, the court decides the mode of making the proclamation to comply with provisions of Order XXI, rule 67 of CPC. The next stage in sale through public auction is the deposit of twenty-five percent of the amount of purchase money followed by the full amount of purchase money on the fifteenth day from the sale of the property to satisfy the requirements of Order XXI, rules 84 and 85 respectively. Any person aggrieved of auction proceedings may make an application under rules 90 or 91 for setting aside the sale on the grounds of irregularity or fraud.
Order XXI, Rule 90 CPC demonstrates that sale may be set aside on the grounds of material irregularity or fraud under Order XXI, Rule 90 CPC wherein the applicant has to establish substantial injury sustained by him owing to such material irregularity or fraud in the sale by public auction. Additionally, applicant has to comply with the second proviso to this rule by depositing twenty percent of the sum realized at the sale. The rationale behind the second proviso is to discourage the frivolous objections frustrating the execution of the decree. In view of above, Trial Court rightly observed that objections are within the purview of Order XXI, rule 90 CPC rather than under rule 84 CPC.
C.P.L.A.4194/2023
Tariq Zubair Khan v. Mst. Tabassum Khan
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