22A. Sale not to be set aside on the death of the judgment-debtor before the sale but after the service of the proclamation of sale.

Where any property is sold in execution of a decree, the sale shall not be set aside merely by reason of the death of the judgment-debtor between the date of issue of the proclamation of sale and the date of the sale notwithstanding the failure of the decree-holder to substitute the legal representative of such deceased judgment-debtor, but, in case of such failure, the Court may set aside the sale if it is satisfied that the legal representative of the deceased judgment-debtor has been prejudiced by the sale.

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WritingLaw » CPC (Civil Procedure Code), 1908 » Order 21, Rule 22A CPC Law Study Material by WritingLaw
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