HEMCHANDRA PATRA Vs. GOPAL PANIGRAHI

JUDGEMENT

(1.) ON 17 -3 -1958 opposite party obtained a decree for Rs. 460/ - with costs. In Execution Petition No. 42 of 1958, the decree -holder put three items of property for sale. On 9 -4 -1960 the Court valued the three items under Section 14 of the Orissa Money Lenders Act (hereinafter referred to as the Act) at Rs. 2500/ -. On the same day the Court held that as the attached properties were valued at Rs. 2500/ - but the decretal dues were within Rs. 1000/ -, the decree -holder was to take steps for sale of two fields out of three fields of attached land after giving separate description and value of those two fields so that each field would be put in separate lots for sale. The decree -holder accordingly valued the price of lot No. 1 at Rs. 800/ - and that of lot No. 2 at Rs. 750/ -. On 26 -3 -1962, the sale was held. Decree -holder was the highest bidder at Rs. 500/ -for lot No. 1 and at Rs. 400/ - for lot No. 2. On 31 -7 -1963 (that is about one year and four months after) the judgment -debtor (Petitioner) filed an application under Section 15 of the Act alleging that the properties were sold at a price lower than the price specified in the sale proclamation and that the sale was without jurisdiction and was liable to be set aside and the period of limitation for setting aside the sale would be three years from the date of the sale under Article 181 of the Limitation Act.

(2.) MR . Pal contended that the sale held in contravention of Section 15 of the Act was without jurisdiction and was a nullity, and that such a sale need not be set aside under Order 21, Rule 90, Code of Civil Procedure. He argued that such a sale could be ignored and if it was intended to be set aside, Article 181 of the Limitation Act would have application and, as such, the application was not barred by limitation.

(3.) TO appreciate the contentions, Section 15(1) of the Act may be quoted 15(1) Notwithstanding anything to the contrary contained in any other law or in anything having the force of law, the proclamation of the intended sale of property in execution of a decree passed in respect of a loan or the interest on a loan shall include only so much of the property of the judgment -debtor, the proceeds of the sale of which the Court considers will be sufficient to satisfy the decree, and such property shall not be sold at a price lower than the price specified in the said proclamation.