Application to set aside sale on deposit
Execution of Decrees and Orders, in the First Schedule to The Code of Civil Procedure, 1908
(1) Where immovable property has been sold in execution of a decree, 1 [any person claiming an interest in the property sold at the time of the sale or at the time of making the application, or acting for or in the interest of such person,] may apply to have the sale set aside on his depositing in Court,--
(a) for payment to the purchaser, a sum equal to five per cent. of the purchase-money, and
(b) for payment, to the decree-holder, the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered, less any amount which may, since the date of such proclamation of sale, have been received by the decree-holder.
(2) Where a person applies under rule 90 to set aside the sale of his immovable property, he shall not, unless he withdraws his application, be entitled to make or prosecute an application under this rule.
(3) Nothing in this rule shall relieve the judgment-debtor from any liability he may be under in respect of costs and interest not covered by the proclamation of sale.
1. Subs. by Act 104 of 1976, s. 72, for certain words (w.e.f. 1-2-1977).
How this Rule is cited
It is written both ways, and both mean this Rule: Order XXI Rule 89 CPC and Order 21 Rule 89 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 21 Rule 89 CPC, Order XXI Rule 89 CPC. Each opens the full-text search over every order eCourtsIndia holds.
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.