Claim Petitions

Claim Petitions i) Under Order 21 Rule 89 C.P.C. payment can be made by J.Dr or other persons. He has to pay auction amount and another 5% of the amount. Rule 278 and Form No.72 of Civil Rules of Practice. As per Art.127 of the Limitation Act, a petition can be filed within 60 days and the deposit must be within 60 days from the date of the sale. O.21 R.92(2) CPC. Please refer P.K.Unani –vs- Nirmal Industries and others ( AIR 1990 SC 933.) ii) Claim Petition under Order 21 Rule 90 on the ground of material irregularity – Form No.36 C.P.C. Appendix E CPC. iii) Claim petition can be filed under Order 21 Rule 91 by purchaser that J.Dr has no saleable interest – Form No.37 C.P.C. Appendix E CPC. Sale shall not be set aside on the death of the J.Dr. before the sale, but after the service of proclamation of sale (O.21 R22-A).