165. Application by judgement-debtor or other person whose interests are affected to set aside sale.
(1)Rules 89 and 90 of Order XXI in Schedule I to the Code of Civil Procedure, 1908, shall not apply in cases where a tenancy has been sold for arrears of rent due thereon, but in such cases the judgement-debtor, or any person whose interests are affected by the sale may, at any time within thirty days from the date of the sale, apply to the Court to set aside the sale, on his depositing-(a)for payment to the decree-holder, amount recoverable under the decree up to the date when the deposit is made, with costs ;(b)for payment to the auction purchaser, as penalty a sum equal to five per cent of the purchaser money, but not less than one rupee.(2)When a person makes an application under sub-Section (3) for setting aside the sale of his lands, he shall not, unless he withdraws that application, be entitled to make or prosecute an application under sub-Section (1).(3)When a tenancy has been sold for arrears of rent due thereon, the decree-holder, the judgement-debtor or any person whose interests are affected by the sale, may, at any time within sixty days from the date of the sale apply, to the Court to set aside the sale on the ground of a material irregularity or fraud in publishing or conducting the sale:Provided as follows :(a)no sale shall be set aside on any such ground unless the court is satisfied that the applicant has sustained substantial injury by reason of such irregularity or fraud ; and(b)no application made by a judgement-debtor under this sub-section shall be allowed unless the applicant either deposits the amount recoverable from him in execution of the decree or satisfies the Court, for reasons to be recorded in writing, that such deposit is not necessary.(4)Rule 91 of Order XXI in Schedule I to the Code of Civil Procedure 1908, shall not apply to any sale under Part II of this Chapter.(5)An appeal shall lie against an order setting aside or refusing to set aside a sale :Provided that where the Court has refused to set aside the sale on the application of the judgement-debtor and the amount recoverable in execution of the decree is not in deposit in Court, no such appeal shall be admitted unless the applicant deposits such amount in Court.
