Rule 89 of CPC : Rule 89: Application to set aside sale on deposit.

CPC

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Explanation using Example

Example 1:

Ravi owns a piece of land in Bangalore. Due to a financial dispute, a court issues a decree against him, and his land is sold in an auction to recover the debt. The land is purchased by Suresh for ₹10,00,000. Ravi, who still has an interest in the property, wants to set aside the sale. According to Rule 89, Ravi can apply to the court to set aside the sale by depositing:

  • ₹50,000 (which is 5% of the purchase money) for payment to Suresh, the purchaser.
  • The amount specified in the proclamation of sale for recovery, say ₹8,00,000, less any amount already received by the decree-holder since the proclamation.

Ravi deposits these amounts in the court, and the court sets aside the sale, allowing Ravi to retain his property.

Example 2:

Meena's house in Chennai is sold in execution of a decree to recover a loan she defaulted on. The house is sold to Priya for ₹20,00...

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