AKLU MIA LASKAR Vs. BRANCH MANAGER CBI

JUDGEMENT

(1.) HEARD Mr. Sahewalla, learned senior counsel for the petitioner and Mr. S. S. Sarma, learned counsel for the Respondent/Opp. party.

(2.) BY this application under Section 115 of the CPC read with Section 151 of the Code, petitioner has challenged the order dated 7,11.2002 passed by the Civil Judge, Senior Division No. 1 Silchar in Title Execution Case NO. 8 of 1996, directing publication of sale proclamation for putting on auction sale, the vehicle purchased by the petitioner with loan from the Opp. Party. The petitioner incidentally has also challenged the sale proclamation that was published pursuant to the said order of the court.

(3.) THE only argument advanced by the learned counsel for the petitioner is that the auction notice, which is infact the sale proclamation, is not in terms of the requirements of Order 21 Rule 66 CPC as it does not mention the amount for the recovery of which the sale has been ordered. He, therefore, submitted that the auction notice being in contravention of the said provision of the CPC, no sale can be conducted on the basis thereof.