KAMLA DEVI Vs. BANK OF BARODA

JUDGEMENT

(1.) PETITIONERS are husband and wife. They have filed this petition under Article 227 of the Constitution to assail the sale of their agriculture holdings in Court Auction Sale conducted by the 17th Additional District Judge, Indore in Execution Case No. 40A/86.

(2.) FACTS in brief giving rise to this petition are as under. Respondent Bank filed a suit in 1981 to recover outstanding amount of loan together with interest. The suit was filed against principal borrowers (petitioners) and guarantor. Petitioners suffered an ex-parte decree in that suit in the year 1988.

(3.) SHRI Sethi, submitted that the learned executing court acted contrary to law in confirming the auction sale in favour of respondent No. 2. He submitted that entire auction proceedings are vitiated because of violation of mandatory provisions of order XXI Rule 85/86 of the C.P.C. He also contended that there was no need to put the holdings to auction. Making a passing reference to various decisions, it is contended that impugned proceedings be quashed.