BHUDEO SHARMA Vs. RAM KALI AND ORS

JUDGEMENT

(1.) This is auction purchaser's Execution Second Appeal, under Section 100 read with Section 47 of the Code of Civil Procedure 1908 (for short the code) against the judgment dated 1-4-1971 rendered by the Distt. Judge Bulandshahr, dismissing the appeal and confirming the judgment dated 20-2-70 passed by the Civil Judge, allowing the objection of the judgment-Debtor, the Respondent No. 1, and setting aside the auction sale dated 21-2- 1968 in favour of the Appellant and recalling the order dated 14-9-1968, dismissing the objection of the judgment debtor in default under Order 21 Rule 90 of the Code and also the order dated 24-9-1968, confirming sale in favour of the Appellant, the auction pruchaser

(2.) The facts leading to the present appeal are admitted and they are these. To satisfy the decree against the judgment debtor, the Respondent No. 1 a proclamation was drawn up, in accordance with the procedure contemplated by Rule 66 of Order 21 of the code and the same was not objected to by the judgment debtor, the objector, the Respondent No. 1 The intended auction sale of the properties of the judgment Debtor to be held on 6-2-1968 was duly proclaimed The Amin went on spot on 6-2-1968 but no bidder turned up, and even judgment debtor objector was absent. The sale warrant had to be returned unexecuted and the auction sale was adjourned. Under the orders of the Execution Court after beat of drum but without drawing up fresh proclamation as contemplated by Rule 66 of Order 21, the property was sold on a public auction on 21-2-1968 and the Appellant being highest bidder purchased the same.

(3.) The judgment-Debtor the objector, the Respondent No. 1 filed an objection under Rule 90 of Order 21 to set aside the auction sale dated 21-2- 1968 on the ground of material irregularity in publishing and conducting the sale, in as much as sale proclamation was not drawn in accordance with Rule 66 of Order 21, nor procedure under Rule 54 were followed.