O. 21 Rr 90, 91 O. 6 R. 4, Sec. 47 – Auction sale

O. 21 Rr 90, 91 O. 6 R. 4, Sec. 47 – Auction sale – Suit for declaration of title possession. When  the  auction  purchaser  is the decree-holder himself and when an application is made to set aside the sale on a ground other than that covered by Rule 90 and no application has been made under Rule 89, the case would fall under Section 47. There can be restoration of  the  petition  dismissed  for  default  filed under Order 21 Rule 90 and thereafter if sale has been confirmed, it is provided under Order 21 Rule 92(3) that no suit to set aside an order made under Rule 92(1) shall be brought by any person against whom such an order is made. Order 21 R. 92(1) provides that where an application has been filed under Order XXI Rule 89, 90 or 91, same has been disallowed, the court shall make an order conferming the sale and thereupon the sale shall become absolute, and no suit shall lie as per the mandate of sub rule (3) of Rule 92 of Order 21 CPC against whom such an order is made. The order confirming the sale may be made either where no application is made at all to set aside the sale or where and application is made and disallowed may be that it is dismissed for default. No suit shall lie in either case to set aside the order confirming the sale. The refusal to set aside a sale is an order appealable. In case the court has set aside or refused to set aside a sale that would include a case where an application under Order21 Rule 89, 90 or 91 has been dismissed for default. 

Case Law:

Siddagangaiah v. N.K. Giriraja Shetty, 

Citation:

AIR 2018 SC 3080