Amendment status not verified — confirm the current text below against the official source.
(1) Rules 89 and 90 of Order XXI in Sche-Act V dule I to the Code of Civil Procedure, 1908, shall not 1908- apply in cases where a holding has been sold for arrears of rent due thereon, but in such cases the judgme nt-debto r or any perso-’ whose interests are affected by the sale, may at any time within thiity days from the date o‘ the sale, apply to the Court to set aside the sale, on his dispositing— (a) for payment to the decree-holder the amoun recoverable under the decree up to the da te when the deposit is m ade, with costs ; (4) for payment to the auction purchaser, as penalty, a sum equal to five per cent of the purchase money but not less than one rupee. (2) When a person makes an application under sub-section (3) for setting aside the sale of his holding he shall not, unless he withdraws that application , be entitled to make or prosecute an application made under sub-section (1). (3) Where a holding has been sold for arrears of ren t due thereon, the decree-holder, the judg ment-debtor or any person whose interests are affected by the sale, may, at any time within [ninety days]1 from the date of the sale, apply to the Court to set aside the sale on the ground of a material irregu larity or fraud in publishing or conducting the sale : Provided as follows: — (a) No sale shall be set aside on any such ground unless the Court is satisfied that applicant has sustained substantial injury by reason of such irregularity or fraud ; and i . Substituted by Assam Act XXVII of 19S3 for “ six months”- 61 (b) no application made by a judgm ent-debtor or any person whose interests are affected by the sale under this sub-section shall be allowed unless the applicant either deposits the amount recoverable from him in execu tion of the decree or satisfies the Co urt, for reasons to be recorded by it in writing, that no such deposit is necessaiy. (4) Rule 91 of O rder X X f in the Schedule to the Act V of Code of Civil Procedure, 1908, shall not apply to any 19i'i. sale under this Chapter. (5) An appeal shall lie against an order setting- aside or refusing to set aside a sale.