Summary
An execution sale cannot be set aside merely on an alleged irregularity: substantial injury caused by material irregularity or fraud must also be established. Here publicity, valuation details and notice complied with the procedure, while the claim of higher market value lacked evidence. The auction purchaser’s appeal succeeded.
Issues
- Whether the judgment debtor established grounds to set aside the execution sale.
Provisions considered
- Order XXI Rule 90(2), Code of Civil Procedure, 1908Requires substantial injury caused by material irregularity or fraud in publishing or conducting the sale. (¶¶ 14, 24–25)
Held
- Material irregularity or fraud and consequent substantial injury are cumulative requirements. A higher-value assertion without evidence did not establish grounds for interference. (¶¶ 14, 21, 24)
- The record supported newspaper and drum publicity, participation by seven bidders, disclosed valuations and adequate notice. No pleaded fraud arose for decision. (¶ 19–25)
Result
Appeal allowed; High Court order set aside and executing Court’s rejection of the sale challenge restored.