Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Objection that provisions of Order 21 Rule 66 not complied with by Executing Court before order for sale of mortgaged property was made - Rule 66(2) undoubtedly contemplates that a proclamation for sale shall be drawn up after notice to the decree-holder and judgment-debtor - Question of fact as to whether or not notice..........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Provision is mandatory - Judgment debtor should be served with proper notice before proclamation for sale is drawn up - In absence of proper notice sale of immovable property is vitiated by material irregularity...........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- A duty is cast upon the Court to see that there is proper notice to the J.D. before a proclamation of sale is drawn up...........
Civil Procedure Code, 1908, Order 21, Rule 66, 67 -- Proclamation of sale - Sale notified in the village by beat of drums after start of auction - Held, sale is without proper notice and publicity and is therefore illegal having caused great prejudice to the interest of the appellant...........
Civil Procedure Code, 1908, Order 21, Rule 66, 67 -- Proclamation of sale - Sale notified in the village by beat of drums after start of auction - Held, sale is without proper notice and publicity and is therefore illegal having caused great prejudice to the interest of the appellant...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- It is the function of the Court to fix the amount of recovery for which sale is ordered - Court is also to specify such other particulars as are necessary in that behalf to be material for the purpose of conducting the sale - Held, on facts that upset price having been fixed by Court, there is no infraction of mandatory..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Valuation in proclamation - Notice given U.O.21.R.66 but J.D. failed to give valuation of his own - Court relying upon the valuation given by the D.H. settled the terms of the sale proclamation - Property sold for much more than the decretal amount - Held, there is no illegality in the proclamation of sale...........
Civil Procedure Code, 1908, Order 21, Rule 66, 90 -- Auction sale - High Court gave an (opportunity to pay decretal amount with interest to the J.D. who failed to avail of it - High Court observed that J.D. intended to prolong the finalisation of sale - No interfer-ence - SLP dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 66, 90 -- Auction sale - Sale proclamation falsely describing property, neither reserve price nor estimated price mentioned - Exact property tax arrears not mentioned - Language used giving erroneous impression that property was seriously encumbered, rental income property yielded not given and property sold at less than 25% of..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Objections - Decided without applying mind - Amounts to exercise of jurisdiction with material irregularity - Order set aside...........
