May
11
2017


The Supreme Court Chilamkurti Bala Subrahmanyam
vs. Samanthapudi Vijaya Lakshmi; Civil Appeal No. 5988 of 2007 has held that for setting aside a court auction sale a charge of fraud or material irregularity under Order 21 Rule 90 must be specifically made with sufficient particulars.  Before a sale can be set aside merely establishing a material irregularity or fraud will not do. The applicant must go further and establish to the satisfaction of the court that the material irregularity or fraud has resulted in substantial injury to the applicant. And that substantial injury has been occasioned by a material irregularity or fraud in publishing or conducting the sale. Bald allegations would not do.



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