VLSHAN SWAROOP Vs. OM PRAKASH

JUDGEMENT

(1.) THIS revision arises from an execution proceeding and is directed against the setting aside of sale under Order 21, rule 90, Civil Procedure Code.

(2.) THE judgment-debtor mortgaged the property in dispute to the appellant decree-holder. It was a mortgage with possession. THEre was a lease-back from the mortgagee to the mortgagor. A decree for arrears of rent was passed against the mortgagor-tenant in favour of the mortgagee landlord. In execution of that decree, the mortgaged house was put to sale.

(3.) IT is contended for the petitioner that a fresh proclamation is not necessary, when the property is resold under Order 21, rule 84, Civil Procedure Code. Learned counsel for the judgment-debtor, on the other hand, contends that firstly, a fresh proclamation was mandatory as required by Order 21, rule 87. Secondly, in the present case a fresh proclamation was necessary because the property was not resold "forthwith as required under Order 21, rule 84, Civil Procedure, but it was a fresh sale altogether as it was held subsequently ; and since there was no fresh proclamation of sale, which was imperative, the subsequent sale was a nullity.