Where any immovable property has been sold in execution of a decree, the decree-holder, or the purchaser, or any other person entitled to share in a rateable distribution of assets, whose interests are affected by the sale, may apply to the Court to set aside the sale on the ground of a material irregularity or fraud in publishing or conduction it.

No sale shall be set aside on the ground of irregularity or fraud in publishing or conducting it unless, upon the facts proved, the Court is satisfied that the applicant has sustained substantial injury by reason of such irregularity or fraud.

No application to set aside a sale under this rule shall be entertained upon any ground which the applicant could have taken on or before the date on which the proclamation of sale was drawn up. Explanation.-There mere absence of, or defect in, attachment of the property sold shall not, by itself, be a ground for setting aside a sale under this rule.]

High Court Amendments-[Allahabad].-(1) Rule 90 has been re-numbered as sub-rule (1) and the following has been substituted for the proviso, namely: "Provided that no application to set aside a sale shall be entertained (a) upon any ground which could have been taken by the applicant on or before the date on which the sale proclamation was drawn up; and (b) unless the applicant deposits such amount not exceeding twelve and half per, cent. of the sum realized by the sale or furnishes such security as the Court may, in its discretion fix, except when the Court for reasons to be recorded dispenses with the requirements of this clause: Provided further that no sale shall be set aside on the ground of irregularity or fraud unless, upon the facts proved the,Court is satisfied that the applicant has sustained substantial injury by reason of such irregularity or fraud." (2) The following has been added as sub-rule (2): "(2) Where such application is rejected, the Court may award such costs to the decree-holder or the auction-purchaser or both as it may deem fit and such costs shall be the first charge upon the security referred to in clause (b) of the proviso, if any."-(1-6-1957). [Andhra Pradesh].-Same as that of Madras. [Calcutta].-Add the following to sub-rule (1): "or on the ground of failure to issue notice to him as required by rule 22 of this Order." Cancel the proviso and substitute as follows: "Provided (i) that no sale shall be set aside on the ground of such irregularity, fraud or failure unless upon the facts proved the Court is satisfied that the applicant has sustained substantial injury by reason of such irregularity, fraud or failure, (ii) that no sale shall be set aside on the ground of any defect in the proclamation of sale at the instance of any person who after notice did not attend at the drawing up of the proclamation or any person in whose presence proclamation was drawn up, unless objection was made by him at the time in respect of the defect relied upon." [Delhi].-Same as that of Punjab. [Gauhati].-Same as that of Calcutta. [Gujarat].-Add the following as additional proviso to sub-rule (1) of rule 90:- "Provided also that no such application for setting aside the sale shall be entertained without the leave of the Court upon any ground which could have been, but was not put forward by the applicant before the commencement of the sale."-(17-8-1961). [Himachal Pradesh].-Same as that of Punjab. [Madhya Pradesh].-After the proviso to sub-rule (1) of rule 90, insert the following further proviso: "Provided also that no such application for setting aside the sale shall be entertained upon any ground which could have been, but was not put forward by the applicant before the commencement of the sale."-(16-9-1960). [Madras].-After the first paragraph and before the present proviso to the rule, insert the following: "Provided that the Court may, after giving notice to the applicant, call upon him before admitting the application, either to furnish security to the satisfaction of the Court for an amount equal to that mentioned in the sale warrant or to that realised by the sale, whichever is less, or to deposit such amount in Court: Provided also that the security furnished or the deposit made as aforesaid shall, be liable to be proceeded against only to the extent of the deficit on a re-sale of the property already brought to sale." In the present proviso after the word "Provided" insert the word "further". [Orissa].-(i) Substitute for the clause (b) of proviso to rule 90: "(b) unless the applicant deposits such amount not exceeding twelve and half per cent. of the sum realised by the sale or such other security as the .Court may in its discretion fix, unless the Court, for the reasons to be recorded, dispenses with the deposit." (ii) Add the following as sub-rule (4): "(4) In case the application is unsuccessful the costs of the opposite party shall be a first charge upon the deposit referred to in proviso (i)(b), if any."-(14-5-1984). [Patna].- (1) Substitute the following for the proviso to Rule 90 (1): "(i) provided that no application to set aside a sale shall be admitted (a) upon any ground which could have been, but was not put forward by the applicant before the sale was concluded, and (b) unless the applicant deposits such amount not exceeding 12-1/2 per cent of the sum realised by the sale or such other security as the Court may in its discretion fix, unless the Court, for reasons to be recorded dispenses with the deposit. (ii) Provided further that no sale shall be set aside on the ground of irregularity or fraud unless upon the facts proved the Court is satisfied that the applicant has sustained substantial injury by reason of such irregularity or fraud." (2) And add the following as sub-rule (2): "(2) In case the application is unsuccessful the costs of the opposite party shall be a first charge upon the deposit referred to in proviso (i)(b), if any." [Punjab].-Add the following proviso: "Provided further that no such sale shall be set aside on any ground which the applicant could have put forward before the sale was conducted."

Where any immovable property has been sold in execution of a decree, the decree-holder, or the purchaser, or any other person entitled to share in a rateable distribution of assets, whose interests are affected by the sale, may apply to the Court to set aside the sale on the ground of a material irregularity or fraud in publishing or conduction it.

No sale shall be set aside on the ground of irregularity or fraud in publishing or conducting it unless, upon the facts proved, the Court is satisfied that the applicant has sustained substantial injury by reason of such irregularity or fraud.

No application to set aside a sale under this rule shall be entertained upon any ground which the applicant could have taken on or before the date on which the proclamation of sale was drawn up. Explanation.-There mere absence of, or defect in, attachment of the property sold shall not, by itself, be a ground for setting aside a sale under this rule.]

High Court Amendments-[Allahabad].-(1) Rule 90 has been re-numbered as sub-rule (1) and the following has been substituted for the proviso, namely: "Provided that no application to set aside a sale shall be entertained (a) upon any ground which could have been taken by the applicant on or before the date on which the sale proclamation was drawn up; and (b) unless the applicant deposits such amount not exceeding twelve and half per, cent. of the sum realized by the sale or furnishes such security as the Court may, in its discretion fix, except when the Court for reasons to be recorded dispenses with the requirements of this clause: Provided further that no sale shall be set aside on the ground of irregularity or fraud unless, upon the facts proved the,Court is satisfied that the applicant has sustained substantial injury by reason of such irregularity or fraud." (2) The following has been added as sub-rule (2): "(2) Where such application is rejected, the Court may award such costs to the decree-holder or the auction-purchaser or both as it may deem fit and such costs shall be the first charge upon the security referred to in clause (b) of the proviso, if any."-(1-6-1957). [Andhra Pradesh].-Same as that of Madras. [Calcutta].-Add the following to sub-rule (1): "or on the ground of failure to issue notice to him as required by rule 22 of this Order." Cancel the proviso and substitute as follows: "Provided (i) that no sale shall be set aside on the ground of such irregularity, fraud or failure unless upon the facts proved the Court is satisfied that the applicant has sustained substantial injury by reason of such irregularity, fraud or failure, (ii) that no sale shall be set aside on the ground of any defect in the proclamation of sale at the instance of any person who after notice did not attend at the drawing up of the proclamation or any person in whose presence proclamation was drawn up, unless objection was made by him at the time in respect of the defect relied upon." [Delhi].-Same as that of Punjab. [Gauhati].-Same as that of Calcutta. [Gujarat].-Add the following as additional proviso to sub-rule (1) of rule 90:- "Provided also that no such application for setting aside the sale shall be entertained without the leave of the Court upon any ground which could have been, but was not put forward by the applicant before the commencement of the sale."-(17-8-1961). [Himachal Pradesh].-Same as that of Punjab. [Madhya Pradesh].-After the proviso to sub-rule (1) of rule 90, insert the following further proviso: "Provided also that no such application for setting aside the sale shall be entertained upon any ground which could have been, but was not put forward by the applicant before the commencement of the sale."-(16-9-1960). [Madras].-After the first paragraph and before the present proviso to the rule, insert the following: "Provided that the Court may, after giving notice to the applicant, call upon him before admitting the application, either to furnish security to the satisfaction of the Court for an amount equal to that mentioned in the sale warrant or to that realised by the sale, whichever is less, or to deposit such amount in Court: Provided also that the security furnished or the deposit made as aforesaid shall, be liable to be proceeded against only to the extent of the deficit on a re-sale of the property already brought to sale." In the present proviso after the word "Provided" insert the word "further". [Orissa].-(i) Substitute for the clause (b) of proviso to rule 90: "(b) unless the applicant deposits such amount not exceeding twelve and half per cent. of the sum realised by the sale or such other security as the .Court may in its discretion fix, unless the Court, for the reasons to be recorded, dispenses with the deposit." (ii) Add the following as sub-rule (4): "(4) In case the application is unsuccessful the costs of the opposite party shall be a first charge upon the deposit referred to in proviso (i)(b), if any."-(14-5-1984). [Patna].- (1) Substitute the following for the proviso to Rule 90 (1): "(i) provided that no application to set aside a sale shall be admitted (a) upon any ground which could have been, but was not put forward by the applicant before the sale was concluded, and (b) unless the applicant deposits such amount not exceeding 12-1/2 per cent of the sum realised by the sale or such other security as the Court may in its discretion fix, unless the Court, for reasons to be recorded dispenses with the deposit. (ii) Provided further that no sale shall be set aside on the ground of irregularity or fraud unless upon the facts proved the Court is satisfied that the applicant has sustained substantial injury by reason of such irregularity or fraud." (2) And add the following as sub-rule (2): "(2) In case the application is unsuccessful the costs of the opposite party shall be a first charge upon the deposit referred to in proviso (i)(b), if any." [Punjab].-Add the following proviso: "Provided further that no such sale shall be set aside on any ground which the applicant could have put forward before the sale was conducted."