Supreme Court · 2008 INSC 380 · Decided 14 March 2008
Kancherla Lakshminarayana v. Mattaparthi Syamala and ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 380 · [2008] 5 S.C.R. 224
- Case number
- CIVIL APPEAL No. 2001/2008
- Decided
- 14 March 2008
- Bench
- S.B. SINHA, V.S. SIRPURKAR (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Proce!dure, 1908 - Order 21, Rule 58, proviso clause (a) - Execution - Auction : c Time factor - Sale was not confirmed - Objection to auction and for setting aside of auction sale - Maintainability of - Held: Maintainable - Mere holding of auction would not bar the objections in Clause (a) of proviso to Rule 58 to be understood as complete sale D including confirmation of auction. Locus factor - Obje'Cfion by alleged purchaser on the 1- basis of agreement of sal19 - Held: Purchaser cannot be utter outsider having no locus standi to take the objections as he E filed
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