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G.R. Selvaraj (Dead) through LRs. vs. K.J. Prakash Kumar

Not available · 2025 INSC 1353Decided 25 Nov 2025
Not available
Justice Sanjay Kumar · Justice Alok Aradhe

Background

Rasheeda Yasin obtained a money decree against Komala Ammal and her son K.J. Prakash Kumar for about ₹3.75 lakh and sought to execute it by attaching and auctioning their Chennai property. After two failed auctions, the upset price was progressively reduced through several court orders (with the judgment debtors participating at various stages), and the property was eventually sold at a court auction to G.R. Selvaraj. Years later, the judgment debtors challenged the sale before the Madras High Court, which set it aside for alleged non-compliance with Order XXI Rule 66(2)(a) CPC (adequacy of the sale proclamation): an objection they had never raised at the appropriate earlier stage.

Decision Breakdown

The Supreme Court held that Order XXI Rule 90(3) CPC bars a judgment debtor from raising, after the sale, any ground that could have been raised before the sale proclamation was drawn up, provided the debtor had notice and chose not to act. Since the judgment debtors here were on notice at every stage of the price-reduction proceedings and had participated but never objected to the sale proclamation's adequacy, they were barred from raising that objection years later. The High Court wrongly treated Rule 66(2)(a) as an independent obligation on the executing court regardless of this statutory bar. The Supreme Court set aside the High Court's judgment and restored/confirmed the auction sale in the appellant's favour.

Lesson Learnt

If you want to challenge a court-ordered execution sale, you must raise every available objection about the sale proclamation before the sale takes place. Courts will not entertain such objections for the first time years afterward if you had notice and stayed silent at the time.

Official source (sci.gov.in)View Judgment (PDF)

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