🌟 LEGAL LEARNING – SHRI GANPATI JURISTS
Execution of Decree | Court Auction Sale of Immovable Property
⚖️ Key Principles under CPC, 1908
✅ Statutory Bar on Delayed Objections
A judgment-debtor cannot challenge an auction sale under Order XXI Rule 90 CPC on grounds that were available but not raised before the proclamation of sale.
🔹 As per Rule 90(3), CPC – Failure to object at the appropriate stage permanently bars the JD from seeking to set aside the sale later.
✅ Duty of Executing Court to Consider Partial Sale
Under Order XXI Rule 66(2)(a), CPC, the Executing Court is obligated to examine whether selling only part of the attached property can satisfy the decree.
🔹 However, if the JD does not raise this objection prior to sale proclamation, the same ground cannot be used later in a petition under Rule 90.
✅ Participation = Acquiescence
When the JD is duly notified, participates in execution proceedings, yet fails to act or object before the sale date, it is treated as acquiescence.
📌 Result – The JD is precluded from assailing the legality or validity of the sale thereafter.
📘 Landmark Case
G.R. Selvaraj (Dead) v. K.J. Prakash Kumar.
💡 Legal Takeaway
Raise objections early — CPC rewards vigilance and penalizes silence.
Participate actively, or your right to challenge the sale may be lost forever.
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