Pitche Bawa vs Meera Lebbe – clr volume 2 page 174

In PITCHE BAWA v. MEERA LEBBE, the court considered whether an execution-creditor’s application for confirmation of a judicial sale of the defendant’s land was properly made via motion under section 91 of the Civil Procedure Code, rather than by summary procedure as prescribed under Chapter XXIV. It was held that, despite procedural defects in the original application, these were cured by subsequent evidence and proceedings, thereby justifying confirmation of sale. The court reaffirmed the principle that procedural errors may be remedied where substantive justice is not compromised, referencing the relevant statutory framework, and clarified the proper use of summary procedures under the Code.

Lawrie J. — It was found that the order confirming the sale was correctly made. Although the