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Supreme Court of India 2020-02-25 allowed

NARAYAN YADAV (D) THR.LRS vs THE STATE OF BIHAR

Bench: 2 — Mohan M. Shantanagoudar, R. Subhash Reddy

In Brief

Narayan Yadav purchased agricultural land at a public auction conducted to recover a loan taken by the previous owner. The previous owner had sold the land to objectors before the auction, but they filed a belated application to set aside the sale under the Bihar & Orissa Public Demands Recovery Act, 1914. While they eventually deposited the required amount, it was after the thirty-day period mandated by law. The Supreme Court held that the thirty-day time limit is mandatory and cannot be extended. An application to set aside an auction sale must be accompanied by the deposit within this period; late deposits render the application invalid. The Court allowed the appeal, setting aside the High Court's order.

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Land Law Civil Procedure Debt Recovery Auction Sales Time Limitation

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