Recovery of Money : Supreme Court Answers a Vexed Legal Issue
In a case dealing with recovery of money, it has been held in G.R. Selvaraj v. K.J. Prakash Kumar [2025] GCtR 1744 (SC) recently that given the insertion of Order XXI Rule 90(3) of Code of Civil Procedure, 1908 in the statute book with effect from 01.02.1977, 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) from doing so at a subsequent stage.
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