K V THOMAS Vs. MALABAR INDUSTRIAL CO LTD

JUDGEMENT

(1.) This petition is to revise an order in O.S. No. 16 of 1955 on the file of District Court, Trivandrum, accepting the proclamation for sale submitted by the decree holder. To the draft proclamation filed by the decree holder several objections were taken by the Judgment debtors, such as

(2.) O.21 R.66 CPC. as amended in Kerala requires a proclamation for sale to specify the value of the property as stated (i) by the decree holder, and (ii) by the judgment debtor. When the disparity in the prices mentioned by the two parties is substantial the court below ought to have incorporated both the prices in the proclamation as enjoined by the rule. It is stated by counsel for the judgment debtors and not disputed by counsel for the decree holder, that the property to be proclaimed is situated in the heart of the city of Trivandrum. The extent of the property must then be a material factor that may influence the bid for the property at the auction. Likewise is the case with a description of all the buildings on the property proclaimed.

(3.) While proceeding against the property of a judgment debtor for compulsory sale in execution, law and fairness require the court to ensure that the judgment debtor is not unduly harassed in his misfortune and to adopt all reasonable means to secure a reasonable price for the property at the court sale. It is for this end that the details specified in O.21 R.66 are prescribed to be set out in the proclamation. The prior conduct, if any, indicative of an obstructive tactics on the part of the Judgment debtor would not justify a disregard of the rather mandatory provisions of O.21 R.66 CPC.