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Procedure (Act 5 of 1908), 0. 21, r. 90-
Substantial injury-What is-Application to set aside auction
sale-Averment ... regarding substantial injury-Necessity for.
HEADNOTE:
The 2nd respondent obtained a money decree against the 3rd
respondent and in execution
Supreme Court of India
demolition of
that building without proving special damage or substantial injury
to him?"
As the whole case is before ... defendants'
share and further that no special damage or substantial injury has been
sustained by the 'Plaintiff as a result
Punjab-Haryana High Court
reason of which the judgment-debtors have sustained substantial injury.
2. The facts are shortly as follows: The property ... accordingly found that the
judgment-debtor has sustained substantial injury by the low price which
the property fetched
Calcutta High Court
material irregularity and if that had resulted in substantial injury,
the sale would be liable to be set aside ... account of the irregularity, presumably because
no substantial injury had resulted, nor did they avail themselves of
that remedy which
Madras High Court
down in the Civil Procedure Code and that no substantial injury has been caused to these petitioners.
8. The first ... Court is satisfied that the applicant has sustained substantial injury by reason of such irregularity or fraud.
(3) No application
Madras High Court
reason of his illegality, the applicant has suffered substantial injury.
(para 14)
An application to set aside a sale made ... under Section 47. Post-sale illegalities or irregularities causing substantial injury to the judgment-debtor are covered under Order
Madras High Court
have reviewed the order in the absence of any
substantial injury sustained by first respondent and sale could ... ground of irregularity
or fraud in the absence of substantial injury sustained by the
judgment-debtor by reason of such
Kerala High Court
inadequate and the objectors had thus suffered
substantial injury. As a result the objections were allowed and the
sale ... Court is satisfied that the objector has
sustained substantial injury by reason of such irregu- larity or fraud.
The further
Delhi High Court
Rule 90, C.P.C. unless there is a substantial injury
to person who challenges the sale. In the instant ... even now is intact and no substantial injury is caused to the
appellant on account of the decree passed
Kerala High Court
thereby he sustained a substantial injury. The learned X
Assistant Judge, City Civil Court, Madras, recorded a finding that ... order that the judgment-debtor sustained
substantial injury by reason of irregularity in the conduct of the
sale
Madras High Court
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