In Brief

A money lender obtained a decree for ₹3,75,000 against a property owner in 1997. The property (2,120 sq.ft.) was attached for execution. After failed auction attempts, the upset price was gradually reduced through multiple court-approved applications, with repeated notices to the judgment debtors. The final sale occurred in September 2002. Years later, the judgment debtors challenged the sale, arguing the entire property should not have been sold. The High Court set aside the sale. The Supreme Court restored it, holding that Order XXI Rule 90(3) CPC bars judgment debtors from raising grounds that could have been objected to before sale proclamation if they received notice. Since the judgment debtors received repeated notices, participated in proceedings, and still failed to object, they were legally barred from challenging the sale afterwards.

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