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Case Overview

Case Name: Danesh Singh & Ors. v. Har Pyari (Dead) Thr. LRs. & Ors.

The Supreme Court bench of Justice J.B. Pardiwala and Justice R. Mahadevan examined whether a separate civil suit challenging a confirmed execution sale is maintainable. The dispute arose from execution proceedings following a 1984 mortgage decree, where an auction sale conducted in 1988 was confirmed and possession delivered . Subsequent purchasers challenged the sale through a separate suit which was allowed by courts below, prompting appeal before the Supreme Court .

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Key Aspects

The case revolved around execution proceedings under the CPC and the remedies available once an auction sale stands confirmed . The Court assessed statutory bars and the scope of permissible challenges post-confirmation .

• Mortgage decree executed through auction of entire property in 1988 .
• Auction sale confirmed under Order XXI Rule 92(1) CPC .
• Respondents filed a separate suit alleging fraud and irregularities .
• Courts below upheld the suit, ignoring statutory bars under CPC .

Legal Insights

The judgment comprehensively interprets execution-related remedies and procedural bars . The Court clarified the interaction between execution rules and limitation law .

• Order XXI Rule 92(3) CPC : Bars separate suits once sale confirmation order is passed .
• Section 47 CPC : Mandates execution-related disputes be decided by executing court alone .
• Order XXI Rules 89–91 CPC : Govern setting aside sale on deposit, irregularity or lack of title .
• Article 127, Limitation Act, 1963 : Prescribes limitation for challenging execution sales .

Court’s Verdict

Allowing the appeal, the Supreme Court held that a separate suit challenging a confirmed auction sale is expressly barred under Order XXI Rule 92(3) CPC . The Court ruled that the proper remedy lies under Section 47 CPC and only on limited grounds such as lack of jurisdiction or nullity . It further clarified that Section 47 cannot be used to bypass limitation periods applicable to challenges under Order XXI Rules 89–91 . The impugned judgments were set aside accordingly .

Source-Supreme Court of India 

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