Order XXI - Rule 90 & 92(1) - Sale confirmed after dismissing petition for setting aside the sale. Sale was set aside in appeal. The fact that it was confirmed earlier is immaterial. When the appeal against the order refusing to set aside the sale is allowed the order confirming the sale will become ineffective. [ Raphael vs. Alice Jose. 2000 (3) KLT 769 = ILR 2001 (1) Ker 364 . S.Sankarasubban & G.Sivarajan J&J ]
Order 21 Rule 85 - JDebtor did not raise any objection to the sale pursuant to the proclamation made or at any time until the sale was conducted, but also failed to file any application for invalidating the sale under Order 21 Rule 89, 90 or 91 of the CPC. Under Central Act the deposit of stamp value is not essential even though the State amendment prescribes the deposit of purchase-money, the amount required towards stamp paper for the certificate under Rule 94 as well. -Provision in the CPC as amended by Kerala Act which makes it mandatory for the auction purchaser to deposit stamp value as well is unenforceable . Confirmation of sale is proper. No error. [Kunhambu vs Geetha. 2001 (1) KLT 601 . .M.R.Hariharan Nair (J)