Court sale in execution proceedings
sridhar pasumarthy
(Querist) 24 October 2011
This query is : Resolved
Respected sirs,
The facts of a case are :
1. Execution proceedings for sale of immovable property were initiated in pursuance of an exparte money decree.
2. Some X participated in the court auction and became highest bidder and deposited the amount.
3. During the pendancy of Execution proceedings, the J.D.R./Defendant moved an application to set aside exparte decree and succeeded.
My question is "when the exparte decree basing on which, the court auction was conducted, is set aside, will the sale become cancelled? What is the fate of auction purchaser?"
Could you please guide me with relevant provision of C.P.C. and with citations, if any, on this aspect.
adv. rajeev ( rajoo )
(Expert) 24 October 2011
When decree is set aside, order passed in execution proceedings are not binding on the JD.
prabhakar singh
(Expert) 24 October 2011
adv. rajeev is right .soon after the exparte decree got set aside all execution reverted back ,no valuable right in favor of auction purchaser has emerged.
