order 21 Rule 90, confir-
mation of sale under order 21 Rule 92 had to follow as a
matter of course. Order 34 Rule ... order in
terms of order XXXlV, Rule 5 (1) in their favour. In
this case an application under order XXI Rule 90 had
been made
Rule 90 of the Code. In the case of simultaneous applications under Order 21, Rule 89 of the Code and Order 21, Rule 90 ... only one relating to application under Order XXI, Rule 89 and Order XXI, Rule 90 of the Code and in view of the decision
hereinabove,
as per Order XXI Rule 92, where an application is made under
Order XXI Rule 89, Order XXI Rule 90 and Order XXI Rule ... order dated 30.10.1999 dismissing I.A. No. 4 of 1999 which was
filed by the judgment debtors under Order XXI Rule 90 is
35
concerned
order in terms of Order XXXIV Rule 5(1) in their favour. In this case an application under Order XXI Rule 90 had been made ... agreement between the parties, because Order XXI, Rule 92 required that as the application under Order XXI, Rule 90 had been dismissed the sale must
sale under Order XXI, C.P.C.
24. The next point raised was in relation to Order XXI, Rule 90, C.P.C . In order ... taken the view that in order to convey a decision under Order XXI, Rule 90, three points have to be determined, viz. (1) whether there
rule (2) of Rule 66. Under Rule 64 of
Order XXI the court executing a decree may order that any
property attached ... Order XXI refers to all matters subsequent to the order
directing the sale in which case non-compliance of Rule 64 of
Order XXI
scheme of the provisions in Section 47, Order XXI, Rule 66 and Order XXI, Rule 90, C.P.C . observed thus (at page ... mandate to that effect contained in Rule 64 of Order XXI has been contravened under Order XXI, Rule 90 even without entering a separate finding
final order, judgment cannot include an order. In other words, an order passed on the application under Order XXI, Rule 90, C. P. C., whether ... Order XXI, Rule 92(1), C. P. C. provides that:
"Where no application is made under Rule 89, Rule 90 or Rule
time. Further they had not filed any application under Order XXI, Rule 90 to set aside the sale on the ground of material irregularity ... considered in order to determine whether the application is one which falls under Section 47 or under Order XXI, Rule 90
question of limitation which is applicable to an application under Order XXI Rule 90 of the CPC may not be applicable to the application ... that sale is nullity and hence, the provisions of Order XXI Rule 90 CPC are not applicable at all. While further elaborating
her submissions
