https://www.taxtmi.com/caselaws?id=187833 An order on an application under Order XXI, Rule 90 CPC to set aside an auction sale determines substantive rights of the auction purchaser and judgment-debtor, so it qualifies as a "judgment" under Clause 10 of the Letters Patent and a Letters Patent appeal lies. On merits, a sale cannot be set aside for material irregularity unless the applicant also proves substantial injury caused by that irregularity. The alleged valuation report was not safely reliable because it was obtained without notice and opportunity of objection, and there was no other evidence that the property fetched an inadequate price because the adjourned sale notice omitted the hour. The challenge to the sale therefore failed. en-us Wed, 12 Aug 1970 00:00:00 +0530 Tue, 08 Nov 2016 16:50:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=187833 An order on an application under Order XXI, Rule 90 CPC to set aside an auction sale determines substantive rights of the auction purchaser and judgment-debtor, so it qualifies as a "judgment" under Clause 10 of the Letters Patent and a Letters Patent appeal lies. On merits, a sale cannot be set aside for material irregularity unless the applicant also proves substantial injury caused by that irregularity. The alleged valuation report was not safely reliable because it was obtained without notice and opportunity of objection, and there was no other evidence that the property fetched an inadequate price because the adjourned sale notice omitted the hour. The challenge to the sale therefore failed. Case-Laws Indian Laws Wed, 12 Aug 1970 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=187833