Law: Civil Procedure Code (V of 1908)

Section: O. XXI, 151

1930 C L C 565 (a) Civil Procedure Code ( V of 1908) O. XXI, r. 90-Irregularity--Appllicant in order to succeed under O. XX[. r. ^0, held, must prove material irregularity or fraud and also satisfy Court of having sustained injury by reason of such irregularity or fraud. (b) Civil Procedure Colic (V of 1968)  O. XX1, r. 90 and S. 151 Sale, setting aside of -Inherent powers, exercise of-Inherent powers of a Court not to be used for setting aside an alleged irregular sale where application under O. XXI, r. 90 found to be barred by time. Muthiah Chettiar and another v. Basra Sahih and others A I R 1915 Mad. 392 fol. (r) Civil Procedure Code (V of 1903)  O. XXI, r. 65-Auction-Acceptance of a private offer-Court, in a fit ;.use, held. competent under its inherent powers to accept a private offer after due notice to parties when satisfied as to offer being reasonable. (d) Civil Procedure Code (V of 1908) O. XXI, r. 24 and S. 151 Execution of decree.-Police aid-Court under its inherent powers, held, competent to grant police aid for execution of a decree or to authorize breaking/opening of locks/doors and such act of Court not illegal.-[Decree]. (e) Civil Procedure Code (V of 1908) S. 15!-Execution of Court mandate---Court, held, competent under its inherent powers to take all steps to execute its own mandates and orders and such power flows from its jurisdiction. (f) Civil Procedure Code (V of 1908) O. XXI, r. 92-Sale, setting aside of-Inadequacy of sale price Court held. not competent to set aside a sale under O. XXI, r. 192 on ground of inadequacy of sale price. Trimhak Ra'Vij; v. Nana and others I L R 10 Dom. 504 ; Basharutulla v. Umo Churn Duff I L R 16 Cal. 794 and Rajendra Behar; Lal v. B. Gul_ari Lal and others A 1 R 1933 Ali. 747 ref. Alliance Bank of Shinlla Lid. v. Miss 1. Lowrie A J R 1926 Lah. 588 and uhirendra Nathi Gurai v. Sudhir Chandro Gorh anus others A 1 R 1964 S C 1300 fol. (g)Civil Procedure Cole (IV of 1908) S. .97Sale, continuation of-Executing Court disposing of execution application after confirmation of sale, held. becomes functus officio and as such application tinder S. 47, C. P. C. not maintainable. Mandul Mohanlal Shah and…