Supreme Court · 1975 INSC 318 · Decided 12 December 1975
Putti Kondala Rao & ORS. v. Vellamanchili Sitarattamma & ANR.
- Court
- Supreme Court of India
- Citation
- 1975 INSC 318 · [1976] 2 S.C.R. 998
- Case number
- CIVIL APPEAL No. 643/1975
- Decided
- 12 December 1975
- Bench
- A.N. RAY, M. HAMEEDULLAH BEG, R.S. SARKARIA, P.N. SHINGAL (4-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Ci"i/ Proe'cdure-Order XX!, r. 90~Allegatio11s of substcmtial in· jury-If ca11 be implied from facts and circumstanc.es alleged. In an application under O.XXI, r. 90, Civil Procedure Code, the appellants (judgment·debtors) alleged that the sale of their property pursuant for material irregularities. The trial Court held that where there was an irregularity in the procedure for sale, the remedy would be to apply to set aside the sale on proof of substantial injury and that there was no fraud in the sale, as alleged by the appellants. On .appeal, the first
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