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NCT Delhi - Section

Section 137 in The Delhi Co-operative Societies Rules, 2007

137. Application to set aside sale on ground of irregularity or fraud.

(1)At any time within thirty days from the date of the sale of immovable property, the decree holder or any person entitled to share in a ratable distribution of the assets or where interests are effected by the sale, may apply to the Registrar to set aside the sale, on the ground of a material irregularity or mistake or fraud in publishing or conducting the sale;Provided that no sale shall be set aside on the ground aforesaid unless the Registrar is satisfied that the applicant has sustained substantial injury by reason of such irregularity, mistake or fraud.
(2)If the application is allowed, the Registrar shall set aside the sale and may direct a fresh one.
(3)On the expiration of thirty days from the date of sale, if no application to have the sale set aside is made under rule 136 sub-rule (1) or under this rule if such application has been made and rejected, Registrar shall make an order confirming the sale,:Provided that if the Registrar have reasons to believe that the sale ought to be set aside not withstanding that no such application has been made on grounds other than those alleged in any application which has been made and rejected. The Registrar may after recording his reasons in writing set aside the sale.
(4)In case the sale of any immovable property is not so confirmed or is set aside, the deposit or the purchase money, as the case may be, shall be returned to the purchaser.
(5)After the confirmation of any such sale, the Recovery Officer shall grant a certificate of sale bearing his seal and signature to the purchaser.
(6)The certificate of sale state the property sold and the name of the purchaser and it shall be conclusive evidence of the fact of the purchase in all courts and tribunals, where it may be necessary to prove it and no proof of the seal or signature of the Recovery Officer shall be necessary unless the authority before whom it is produced shall have reason to doubt its genuineness.