G.R. Selvaraj (D) v. K.J. Prakash Kumar 2025 INSC 1353 - Order XXI Rule 90(3) CPC
Code of Civil Procedure 1908 - Order XXI Rule 90(3) - Order XXI Rule 66(2)(a) - It would be incumbent upon a judgment debtor or any other interested person who applies for setting aside an execution sale, held thereafter, to satisfy the executing Court that the ground upon which the application was made could not have been taken on or before the date on which the proclamation of sale was drawn up. In effect, if such a ground could have been taken by that applicant who seeks setting aside of the sale but he failed to do so at the appropriate stage, he would stand barred, by Order XXI Rule 90(3) CPC, from doing so at a subsequent stage - In a given case, where a judgment debtor is not given notice prior to the sale, Order XXI Rule 90(3) CPC obviously cannot posit a bar to his raising a ground thereafter. (Para 17)
Case Info
- Case name: G.R. Selvaraj (Dead), through LRs. v. K.J. Prakash Kumar and others
- Neutral citation: 2025 INSC 1353
- Coram: Justice Sanjay Kumar; Justice Alok Aradhe
- Judgment date: November 25, 2025
- Court: Supreme Court of India, Civil Appellate Jurisdiction; Civil Appeal No. 8887 of 2011
Caselaws and Citations
- Ambati Narasayya v. M. Subba Rao and another, 1989 Supp (2) SCC 693
- Takkaseela Pedda Subba Reddi v. Pujari Padmavathamma, (1977) 3 SCC 337
- Desh Bandhu Gupta v. N.L. Anand & Rajinder Singh, (1994) 1 SCC 131
- Bhikchand S/o Dhondiram Mutha (Deceased) through LRs v. Shamabai Dhanraj Gugale (Deceased) through LRs, 2024 INSC 411
Statutes/Laws Referred
- Code of Civil Procedure, 1908 (CPC):
- Order XXI Rule 64
- Order XXI Rule 66(1)–(2)(a)
- Order XXI Rule 90 (pre‑1976 version)
- Order XXI Rule 90(3) (inserted by Act 104 of 1976, effective 01.02.1977)
- Order XXI Rule 54(1‑A)
