DAULAT BHUIYA Vs. RAHISA BANU

JUDGEMENT

(1.) This is an appeal by a judgment-debtor from an order refusing to set aside a sale of certain properties. Several questions were raised, but all of them with the exception of one had to be eventually given up. The only question which requires consideration is whether the omission to state the value of the properties to be sold, when all other particulars have been given, is a material irregularity within the meaning of Order 21, Rule 90, Civil P.C.

(2.) Now, the particulars to be given in a sale proclamation are those mentioned in Clauses (a) to (e), Sub-section (2), Section 66. Clause (e), upon which reliance is placed as indicating the necessity of stating the value of the property, runs in these words: Every other thing which the Court considers material for a purchaser to know in order to judge of the nature and value of the property.

(3.) The clause cannot, in our opinion, be interpreted as meaning that the value as put by the decree holder or as assessed by the Court is a thing which the purchaser must in all cases know in order to judge for himself the value of the property: it cannot be contended that the purchaser would necessarily look upon the Court as an expert in valuation for his guidance or regard the decree-holder's valuation as in all cases reliable. The purchaser will have to form his own estimate of the value and if other sufficient particulars are there in the sale proclamation, omission to state a valuation assessed by the Court or guessed by the decree- holder may not matter. It is true that there may be cases in which the Court considers it material, and so it does in a large majority of cases-to let the purchaser know what value the parties put upon the property on what in its own opinion its value is. And if it considers it material for the purchaser to know the same, it must be careful to see that it does not err too much on one side or the other, but that the valuation that is put down is as approximately correct as possible, so that the purchaser may not be misled.