Section 91. Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest

91. Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest.— The purchaser at any such sale in execution of a decree may apply to the Court to set aside the sale, on the ground that the judgment-debtor had no saleable interest in the property sold. 92 . Sale when to become absolute or be set aside.— (1) Where no application is made under rule 89, rule 90 or rule 91, or where such application is made and disallowed, the Court shall make an order confirming the sale, and thereupon the sale shall become absolute: 1. Subs. by Act 104 of 1976, s. 72, for certain words (w.e.f. 1-2-1977). 2. Subs. by s. 72, ibid ., for rule 90 (w.e.f. 1-2-1977). 1[Provided that, where any property is sold in execution of a decree pending the final disposal of any claim to, or any objection to the attachment of, such property, the Court shall not confirm such sale until the final disposal of such claim or objection.] (2) Where such application is made and allowed, and where, in the case of an application-under rule 89, the deposit required by that rule is made within[2] [sixty days] from the date of sale,[3] [or in cases where the amount deposited under rule 89 is found to be deficient owing to any clerical or arithmetical mistake on the part of the depositor and such deficiency has been made good within such time as may be fixed by the Court, the Court shall make an order setting aside the sale]: Provided that no order shall be made unless notice of the application has been given to all persons affected thereby: 4[Provided further that the deposit under this sub-rule may be made within sixty days in all such cases where the period of thirty days, within which the deposit had to be made, has not expired before the commencement of the Code of Civil Procedure (Amendment) Act, 2002 (22 of 2002).] (3) No suit to set aside an order made under this rule shall be brought by any person against whom such order is made. 5[(4) Where a third party challenges the judgment-debtor's title by filing a suit against the auction-purchaser, the decree-holder and the judgment-debtor shall be necessary parties to the suit. (5) If the suit referred to in sub-rule (4) is decreed, the Court shall direct the decree-holder to refund the money to the auction-purchaser, and where such an order is passed the execution proceeding in which the sale had been held shall, unless the Court otherwise directs, be revived at the stage at which the sale was ordered.] - (i) have been, as far as may be, fulfilled; or (ii) cannot be carried out at all, or cannot be carried out according to the directions given in the instrument creating the trust or, where there is no such instrument, according to the spirit of the trust; or 1. Subs. by Act 104 of 1976, s. 30, for the former headings (w.e.f. 1-2-1977). 2. Subs. by s. 30, ibid ., for sub-section (1) (w.e.f. 1-2-1977). 3. S. 92 shall not apply to any religious trust in Bihar, see Bihar Act 1 of 1951. 4. Subs. by Act 104 of 1976, s. 31, for "consent in writing of the Advocate-General" (w.e.f. 1-2-1977). 5. Ins. by Act 66 of 1956, s. 9 (w.e.f. 1-1-1957). 6. Ins. by Act 2 of 1951, s. 13 (w.e.f. 1-4-1951). 7. Subs. by the A.O. (No. 2), 1956, for "a Part B State". 8. Ins. by Act 104 of 1976, s. 31 (w.e.f. 1-2-1977). (b) where the original purposes of the trust provide a use for a part only of the property available by virtue of the trust; or (c) where the property available by virtue of the trust and other property applicable for similar purposes can be more effectively used in conjunction with, and to that end can suitably be made applicable to any other purpose, regard being had to the spirit of the trust and its applicability to common purposes; or (d) where the original purposes, in whole or in part, were laid down by reference to an area which then was, but has since ceased to be, a unit for such purposes; or (e) where the original purposes, in whole or in part, have, since they were laid down,— (i) been adequately provided for by other means, or (ii) ceased, as being useless or harmful to the community, or - (iii) ceased to be, in law, charitable, or (iv) ceased in any other way to provide a suitable and effective method of using the property available by virtue of the trust, regard being had to the spirit of the trust.]