Courts and procedure · For advocates
Auction in execution? Thirty days to undo it.
In short
Under CPC Order XXI: R.89 (deposit 5% for the purchaser plus the proclamation amount), R.90 (material irregularity or fraud, with substantial injury) or R.91 (purchaser: no saleable interest), within thirty days of the sale (Limitation Act Art. 166). The R.90 deposit is made on the court's direction, not with the application (PLD 2024 SC 873).
By the FAI Legal editorial desk · 12 October 2026 · 11 slides · 2 min read
Three routes.
Order XXI Rules 89, 90 and 91.
- R.89Owner or holder of an interest deposits 5% for the purchaser plus the proclamation amount.
- R.90Material irregularity or fraud in publishing or conducting the sale.
- R.91The purchaser shows the judgment-debtor had no saleable interest.
The rule in the law.
Order XXI Rule 90, CPC.
“may apply to the Court to set aside the sale on the ground of a material irregularity or fraud in publishing or conducting it: Provided that no sale shall be set aside … unless … the applicant has sustained substantial injury … Provided also that no such application shall be entertained unless the applicant deposits such amount not exceeding twenty per cent of the sum realized at the sale or furnishes such security as the Court may direct.”
Code of Civil Procedure, 1908 · Order XXI Rule 90, Application to set aside sale on ground of irregularity or fraud
Quick quiz. The 20%.
Guess first, then swipe for the answer.
- A. Yes, or it is dismissed
- B. No, when the court directs
- C. No deposit is ever needed
Answer: B. Supreme Court.
PLD 2024 SC 873.
- The holdingThe deposit is not made with the application. It is made on the direction of the court.
- OverruledPLD 2020 SC 227, which took the stricter view.
- In practiceFile in time, then comply with the court's direction.
Myth or fact?
The argument that often fails.
- Myth: Any irregularity in the auction gets the sale set aside.
- Fact: The applicant must also prove substantial injury caused by it (R.90 proviso). A mere irregularity is not enough (2022 CLD 123).
Pick one route.
Choices bind you.
- R.89(2)A R.90 applicant cannot pursue R.89 unless he withdraws the R.90 application.
- 2024 YLR 2773After choosing R.89, he could not then attack the auction price.
- 2004 YLR 1337A mere prospective bidder cannot object under R.90.
Before the sale.
Objections to attachment, R.58.
- WhoA claimant or objector saying the property is not liable to attachment.
- WhenNot designedly delayed, and within one year of the first attachment (proviso, with exceptions).
- ProofTitle or interest at the date of attachment (R.59).
The clock.
Article 166 and Rule 92.
- Sale heldTime runs from the date of the sale.
- Thirty daysApply under R.89, R.90 or R.91.
- ConfirmationNo application, or disallowed: the sale becomes absolute.
Draft it with FAI.
Ask FAI in your own words. It answers with the exact rule and the leading judgments.
- Recent Supreme Court cases on Order XXI Rule 90 CPC.
- Draft an objection petition under Order XXI Rule 58 CPC.
Example questions
What this does not mean
- Not every irregularity sets aside an auction. The applicant must also prove substantial injury caused by it (R.90 proviso; 2022 CLD 123).
- A mere prospective bidder cannot object under Rule 90 (2004 YLR 1337).
- The Rule 90 deposit is not made with the application. It is made on the direction of the court (PLD 2024 SC 873).
Questions people ask
How can an auction sale in execution be set aside in Pakistan?
Order XXI CPC gives three routes. Under Rule 89 the owner or holder of an interest deposits 5% for the purchaser plus the proclamation amount. Under Rule 90 you show material irregularity or fraud in publishing or conducting the sale, with substantial injury. Under Rule 91 the purchaser shows the judgment-debtor had no saleable interest.
What is the time limit to set aside an auction under Order 21 Rule 90 CPC?
Thirty days from the date of the sale, under Article 166 of the Limitation Act. The same period applies to Rules 89 and 91.
Is the 20 percent deposit required with an application under Order 21 Rule 90?
No. In PLD 2024 SC 873 the Supreme Court held the deposit is made on the direction of the court, not with the application, and overruled PLD 2020 SC 227. File in time, then comply with the direction of the court.
What happens if no application is made within 30 days of the auction?
If no application is made, or it is disallowed, the sale becomes absolute on confirmation under Rule 92.
Can I apply under Rule 89 and Rule 90 at the same time?
A Rule 90 applicant cannot pursue Rule 89 unless he withdraws the Rule 90 application (R.89(2)). In 2024 YLR 2773, a person who chose Rule 89 could not then attack the auction price.
Sources
- Code of Civil Procedure, 1908 · Order XXI Rule 90
Application to set aside sale on ground of irregularity or fraud Pakistan Code
Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. How we check.
