Rule 90 of CPC : Rule 90: Application to set aside sale on ground of irregularity or fraud.
CPC
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Explanation using Example
Example 1:
Scenario: Ramesh, a farmer, had his land sold in an auction due to a court decree against him for an unpaid loan. During the auction process, the auctioneer did not properly advertise the sale, and only a few people attended, resulting in a very low sale price.
Application: Ramesh can apply to the court to set aside the sale of his land on the grounds of material irregularity. He can argue that the improper advertisement of the auction led to a low turnout and a significantly lower sale price, causing him substantial injury.
Outcome: If the court finds that the irregularity in advertising the auction indeed caused substantial injury to Ramesh, it may set aside the sale and order a new auction to be conducted properly.
Example 2:
Scenario: Sita's ancestral home was sold in execution of a decree. However, Sita later discovered that the auctioneer had colluded with the buyer to undervalue the property and sell it at a much lower price than its market value.
Application: Sita can apply to the court to set aside the sale on the grounds of fraud. She can present evidence of the collusion between the auctioneer and the buyer, showing that the sale was conducted fraudulently to deprive her of the true value of...
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