K C AYYA Vs. M PARASMAL

JUDGEMENT

(1.) This civil revision" petition is preferred against the order dated 23.2.81 passed by the learned Addl. City Civil Judge, Bangalore, in Ex. No. 64 of 1980 (old No. Exn. 657(75) in so far it relates to rejection of the application filed under S. 151 read with Order 21 Rule 66 CPC.

(2.) The petitioner-judgment has filed the aforesaid " application braying that the property sought to be brought for sale is of the value of Rs. 8 lakhs and the same be shown in the sale proclamation. It is also further prayed that the said property is attached before judgment in O. S. No. 78 of 1974 and such an attachment amounts to an encumbrance, therefore, the same be shown in the sale proclamation. The application has been allowed in part by directing that the value of Rs. 8 lakhs as stated by 'the judgment debtor be shown as the value of the judgment debtor in the proclamation of sale. As far as the mentioning or the attachment before judgment of the property in question as an encumbrance in the proclamation of sale is concerned, the Court has not acceded to the request of the petitioner on the ground that it is not clearly established.

(3.) It is contended on behalf of the; petitioner that there is an attachment before judgment, effected on the property in question in O. S. No. 78 of 1974 which is sought to be sold in execution and such an attachment amounts to an encumbrance; therefore, it is necessary to be shown in the proclamation of sale as per Order 21 Rule 66(2) (c) CPC.