LAL CHAND vs VIIITH ADDL. DIST. JUDGE — C.A. No. 1727/1997
Case under Section III-A. Status: DISPOSED.
CNR: SCIN010008151996
Filing Date
13-Jan-1996
Registration No
C.A. No. 1727/1997
Diary Number
815/1996
Order Date
21-Feb-1997
Document Type
Judgment - of Main Case
Disposal Type
Dismissed
Data as of 29-May-2026
Acts & Sections
Petitioner(s)
LAL CHAND
Adv. T. N. SINGH
Respondent(s)
VIIITH ADDL. DIST. JUDGE
Adv. ANIL SHRIVASTAV
Orders
Case Summary: Lal Chand v. VIIIth Addl. District Judge (1997) The Supreme Court held that the property auction sale was illegal and void on three grounds: (1) the decree-holder participated and bid without court permission, violating Order XXI Rule 72 CPC; (2) the sale lacked proper notice and publicity, breaching mandatory procedural requirements; and (3) excessive property was sold—the entire 1 acre 52½ decimals instead of only the minimum portion necessary to satisfy the Rs.10,921.50 decree debt, violating Order XXI Rule 64 CPC. However, the Court allowed the appeal with conditions: the appellant must pay the decretal amount plus 12% interest on the earnest money and execution costs plus 5% impounding fee. This case analysis is maintained by casestatus.in based on publicly available court records.
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