Order XXI Rule 91 CPC: Purchaser Application to Set Aside Court Auction Sale

Order XXI Rule 91 of the Code of Civil Procedure, 1908 (CPC) permits a purchaser at a court auction held in execution of a decree to ask the executing court to set aside the sale if the judgment-debtor had no saleable interest in the property sold. It protects an auction purchaser where the judgment-debtor had no interest capable of being transferred through that execution sale.

Statutory provision: Order XXI Rule 91

Meaning of important legal terms

Judgment-debtor

Under Section 2(10) CPC, a person against whom a decree has been passed or an order capable of execution has been made.

Decree-holder

Under Section 2(3) CPC, a person in whose favour a decree has been passed or an order capable of execution has been made.

Saleable interest

An interest in property legally capable of being sold in execution to satisfy the decree. Whether an interest is saleable depends on the judgment-debtor's rights and applicable legal restrictions.

Execution sale

A court-supervised sale of property for enforcement of a decree under the applicable provisions of Order XXI CPC.

When can the purchaser apply under Rule 91?

1. There must be a sale in execution of a decree. The applicant must be the purchaser at that sale.
2. The judgment-debtor must have had no saleable interest in the property sold. The applicant must establish the relevant property rights and legal position; a mere allegation is insufficient.
3. An application must be made to the executing court. The court examines the evidence and determines whether the statutory ground is established.
4. The application must be within the applicable limitation period. Article 127 of the Limitation Act, 1963 generally prescribes 60 days from the date of sale for an application to set aside a sale in execution of a decree, subject to applicable law and any relevant exclusion or extension provisions.

Rule 91 compared with Rules 89 and 90

Rule 89 provides for setting aside a sale of immovable property on prescribed deposits by a person with the requisite interest. Rule 90 concerns material irregularity or fraud in publishing or conducting the sale and requires proof of substantial injury. Rule 91 instead addresses the purchaser's claim that the judgment-debtor had no saleable interest in the property. These are different statutory grounds and should not be treated as interchangeable.

What happens if the application succeeds?

Under Order XXI Rule 92, where an application under Rule 91 is made and allowed, the court makes an order setting aside the sale. Order XXI Rule 93 addresses repayment of purchase money to the purchaser in certain cases when a sale is set aside under Rule 92. The precise order and consequences depend on the facts and applicable law.

Illustrative example

Suppose property is auctioned in execution of a money decree and a third party buys it. If the evidence establishes that the judgment-debtor had no legally saleable interest in that property, the purchaser may seek an order under Rule 91 setting aside the sale. The court must decide the application on the evidence and the relevant statutory requirements.

Practical documents and steps

1. Obtain the sale proclamation, auction record and sale details from the executing court.
2. Examine title documents, relevant revenue or registration records and any orders affecting the judgment-debtor's interest.
3. Identify why the judgment-debtor had no saleable interest at the relevant time.
4. File a properly supported application in the executing court within the applicable limitation period.
5. Request appropriate relief under Rule 91 read with Rule 92 and, where applicable, Rule 93.

Official legal references

Read the India Code official legislation portal for the Code of Civil Procedure, 1908 and the Limitation Act, 1963. The CPC overview and related rules in the sidebar provide additional context. Check applicable state amendments, High Court rules and binding judicial decisions before taking procedural steps.

This article is general legal information, not advice for a particular execution proceeding.