https://www.taxtmi.com/caselaws?id=173115 Under Order 21 Rule 90 CPC, a sale can be set aside only if material irregularity or fraud in the conduct of the sale has caused substantial injury. An application is not rejected merely because substantial injury is not expressly pleaded where the pleaded irregularity itself necessarily implies injury. Omission of an existing charge from the sale proclamation under Order 21 Rule 66(2)(e) CPC is a material irregularity, and Section 100 of the Transfer of Property Act applies to auction sales, but the omission does not automatically establish substantial injury to the charge-holder. Whether injury is substantial depends on the surrounding facts and the extent of the remaining charged property. en-us Fri, 09 Oct 1964 00:00:00 +0530 Wed, 09 Sep 2015 12:41:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=173115 Under Order 21 Rule 90 CPC, a sale can be set aside only if material irregularity or fraud in the conduct of the sale has caused substantial injury. An application is not rejected merely because substantial injury is not expressly pleaded where the pleaded irregularity itself necessarily implies injury. Omission of an existing charge from the sale proclamation under Order 21 Rule 66(2)(e) CPC is a material irregularity, and Section 100 of the Transfer of Property Act applies to auction sales, but the omission does not automatically establish substantial injury to the charge-holder. Whether injury is substantial depends on the surrounding facts and the extent of the remaining charged property. Case-Laws Indian Laws Fri, 09 Oct 1964 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=173115