Rule 92 of CPC : Rule 92: Sale when to become absolute or be set aside.

Explanation using Example

Example 1:

Scenario: Rajesh owes money to Suresh and fails to repay it. Suresh obtains a court decree to recover the money by selling Rajesh's immovable property.

1. Auction and No Objections: The property is auctioned, and no applications are made under Rule 89, Rule 90, or Rule 91 to set aside the sale. The court confirms the sale, making it absolute. Rajesh loses ownership of the property, and the auction purchaser gains full rights.
2. Pending Claims: If there was a pending claim or objection to the attachment of the property, the court would not confirm the sale until the final disposal of such claims or objections.

Example 2:

Scenario: Meena's property is sold in an auction to recover a debt. She files an application under Rule 89 to set aside the sale by depositing the required amount within sixty days.

1. Application Allowed: Meena's application is allowed, and she deposits the required amount within the stipulated time. The court sets aside the sale, and Meena retains ownership of her property.
2. Deficient Deposit: If Meena's deposit was deficient due to a clerical error, she corrects the deficiency within the time fixed by the court. The court then sets aside the sale.
3. Notice Requirement: The court ensures that notice of Meena's application is given to all affected parties before making an order to set aside the sale.

Example 3:

Scenario: An auction purchaser, Ravi, buys a property in an auction. Later, a third party, Anil, files a suit claiming that the property actually belongs to him and not to the judgment-debtor.

1. Necessary Parties: In Anil's suit, the decree-holder (who initiated the auction), the judgment-debtor, and Ravi (the auction purchaser) are necessary parties.
2. Court's Decision: If the court decrees in favor of Anil, it directs the decree-holder to refund the money to Ravi. The execution proceeding is revived at the stage where the sale was ordered, unless the court directs otherwise.

Example 4:

Scenario: A property is sold in an auction, and the auction purchaser, Priya, faces a challenge from a third party, Sunil, who claims ownership of the property.

1. Suit Decreed: The court finds Sunil's claim valid and decrees in his favor. The court orders the decree-holder to refund the auction money to Priya.
2. Revival of Execution: The execution proceeding is revived at the stage where the sale was ordered, allowing the decree-holder to pursue other means to recover the debt from the judgment-debtor.