213. Application to set aside sale of immovable property on ground of irregularity or fraud - When any immovable property has been sold under this Chapter in execution of a decree, the decree-holder or the person, who owned such property immediately before the sale may, [at any time within a period of thirty days from the date of sale], apply to the Deputy Commissioner to set aside the sale on the ground of a material irregularity [or fraud] in publishing or conducting it; but no sale shall be set aside on the ground of a irregularity unless the applicant proves to the satisfaction of the Deputy Commissioner that he has sustained substantial injury by reason of such irregularity:
Provided that, if a person applies under Section 212 to set aside the sale of his immovable property, he shall not be entitled to make an application under this Section.(2)If an application be made under this Section, and if the objection be allowed, the Deputy Commissioner shall pass an order setting aside the sale.[213A. Sale in execution deemed set aside when rent decree set aside and restoration of status quo ante. - (1) Where a decree for rent is set aside any sale of immovable property in execution of such decree shall be deemed to be set aside, and the Court of first instance shall restore the judgement-debtor to such ownership and if he is not in possession to such possession of the immovable property as he has at the date of the sale and, shall upon the application of any person affected by the sale or the reversal thereof, pass such further orders as will as far as may be, place parties, including the auction purchaser and his successor-in-interest, if any, in the position which they would have occupied but for such decree; and for this purpose, the Court may make any orders, including orders for the refund of costs, for the payment of interest, damages, compensation and mesne profits which are properly consequential on such reversal.(2)No suit shall be instituted in any Court for the purpose of obtaining any restitution or other relief which could be obtained by application under sub-section (1).][214. Grounds on which suit or application to set aside sale may be brought. - No suit or application shall be entertained by any Court to set aside or to modify the effect of,-(a)any sale made under this Chapter, save under Section 211, Section 212 or Section 213 or on the ground of fraud or want of jurisdiction, or(b)an order under Section 212, sub-section (2), or Section 213, sub-section (2), setting aside a sale.Explanation. - Where a property has been sold under the provisions of subsection (3)(b) of Section 210, this Section does not prohibit an application under Rule 72(3) or Rule 91 nor a suit under Rule 63 or Rule 103 of Order XXI of the First Schedule to Code of Civil Procedure, 1908, if such suit is instituted within one year of the date of the adverse order.][214A. Sale of a portion of holding. - If the Deputy Commissioner directs the sale of a portion or a holding, the provisions of this Chapter relating to the sale of a holding shall, as far as may be, apply to the sale of such portion.]Appeals[215. Appeals from orders of Deputy Commissioner. - (1) All orders passed by a Deputy Commissioner in suits tried by him under sub-clause (c) of clause (2) or clause (7) of Section 139, if the amount sued for, or the value of the property claimed does not exceed one hundred rupees, the judgement of the Deputy Commissioner shall be final and not subject to appeal, unless a question relating to a title to land, or to some interest in land, as between parties having conflicting claims thereto, has been determined by the judgement, in which case the judgement shall be open to an appeal which shall lie to the Judicial Commissioner unless the amount or value in dispute exceeds five thousand rupees in which case the appeal shall lie to the High Court.(2)When any such suit in which, if tried and decided by a Deputy Commissioner, the judgement of the Deputy Commissioner would be final as tried and decided by a Deputy Collector, an appeal from the judgement of the Deputy Collector shall lie to the Deputy Commissioner unless a question relating to a title to land, or to some interest in land, as between parties having conflicting claims thereto, has been determined by the judgement, in which case the judgement shall be open to appeal to the Judicial Commissioner and to the High Court as provided for in sub-section (1).(3)In all other suits before the Deputy Commissioner or Deputy Collector under this Act, an appeal from the judgement of the Deputy Commissioner or Deputy Collector shall lie to the Judicial Commissioner, unless the amount or value in dispute exceeds five thousand rupees, in which case the appeal shall lie to the High Court.(4)All orders passed by a Deputy Commissioner or a Deputy Collector in any suit relating to the trial thereof, shall be appealable to the Court to which an appeal from the decree itself would lie :Provided that, there shall be no right of appeal against order passed under Section 206, or Section 211, or under Section 212, sub-section (2), setting aside a sale, or under Rule 60, Rule 61 or Rule 62 or Order XXI of the First Schedule to the Code of Civil Procedure, 1908 (V of 1908), and against orders passed under Section 213-A.(5)All other orders under the provisions of this Act shall be appealable to the Commissioner, if passed by a Deputy Commissioner, and to the Deputy Commissioner or to any officer specially empowered by the [State] Government by notification, to hear such appeals, if passed by an officer exercising powers of a Deputy Commissioner.(6)The Deputy Commissioner may, at any time, transfer any appeal already filed before him to any officer specially empowered to hear such appeals under subsection (5) or withdraw any appeal pending before any officer so empowered and either hear such appeal himself or transfer it for disposal to any other officer so empowered.(7)No judgement of a Deputy Commissioner in any suit and no order of a Deputy Commissioner passed in any suit and relating to the trial thereof or after decree and relating to the execution thereof, shall be open to appeal otherwise than as expressly provided for in this Act.]
