K. KRISHNASWAMI GOUNDER Vs. PALANI GOUNDER

JUDGEMENT

(1.) THIS is an appeal preferred by the third judgment debtor in E. P. 115 of 1971 against the order of the learned Subordinate Judge of Coimbatore, dismissing his application under Order 21, Rule 90 and Section 151, Civil P. C. to set aside a judicial sale held in E. P. 115 of 1971 on 10 -11 -1971. The appellant, who appears to be a veteran litigant, has been keeping the decree holder at bay at every stage by raising all conceivable technical objections. The appellant, who was examined as P. W. 1, admitted that he came to court two days before the sale and learnt that his properties were being brought to sale. In fact even before the present execution petition was filed, the decree -holder filed two execution petitions, E. Ps. 336 of 1968 and 246 of 1969, both for sale of the properties. While those E. Ps. for sale were pending, the appellant applied for adjournment of sale on the ground that he had preferred an appeal in the High Court against the decree passed in the suit and the sale should be adjourned since the appeal was pending.

(2.) THE first objection of the appellant is that there has been no sale proclamation effected at all. But it is found that P. W. 1, the appellant, has signed Ex. B -1, the sale proclamation. In the course of the cross -examination, P. W. 1 was forced to admit that he has signed the endorsement of service made by the process server upon Ex. B -1. The endorsement shows that on 26 -9 -1971, the process server went to the land of the judgment debtor, affixed the sale proclamation to that land and made a proclamation by tom tom to the effect that between 11 a. m. and 5 p. m. on 10 -11 -1971, the particular property will be sold in court auction. The objection of the judgment -debtor that the sale is vitiated because there was no sale proclamation effected at all is thus found to be false, frivolous and vexatious.

(3.) THE next objection of the judgment -debtor, which is equally marked by a pompous legalism, is that the sale proclamation failed to state the judgment -debtor's value and is therefore vitiated by a material irregularity. It may be noted that in the present execution petition notices were issued to appellant twice and evidently because he tried to evade service, substituted service was ordered and service was held by the court to be sufficient and the appellant was set ex parte and the execution proceedings proceeded with. The appellant did not file any counter to this execution petition stating the valuation of the property that was being brought to sale. The Madras amendment of sub -rule (2) of Order 21, Rule 66 reads as follows -