SHEO DAYAL NARAIN Vs. MTMOTI KUER

JUDGEMENT

(1.) This second appeal is by the judgment-debtor. A money decree had been obtained against the appellant and his father and in November 1938 the appellant was substituted for his father in the execution proceedings. Pour houses of the judgment-debtor were attached. Sale proclamation was issued on 5 May 1939 and the property was eventually sold on 19 January 1940. It was purchased by the decree-holder himself for a sum of Rs. 2001 and the decree was satisfied.

(2.) In November 1938 an objection under Section 47, Civil P.C., had been filed by the judgment-debtor. On 10 July 1939, the date originally fixed for the Bale, there was a compromise where under the judgment-debtor was given six months to pay up the decretal amount. The sale was adjourned for six months and the judgment-debtor waived all right to make any objection regarding the issue of fresh sale proclamation.

(3.) The case came up for orders on 10 January 1940 on expiry of the six months, in the absence of the judgment-debtor. The decretal dues had not been paid; the sale was therefore fixed for the following day, the 11th. On that day, however, it was further adjourned until the 12th. On the 12 there were no bidders and a further adjournment was then made until the 19 on which date, as I have said, the sale took place. On none of these dates was the judgment-debtor present, but on 2 April, 1940 considerably more than 30 days after the sale, the appellant filed the objection which has given rise to the present appeal. The objection was labelled as being under Secs.47 and 131, Civil P.C., and it was contended that the sale was void as the Court had not complied with the mandatory provisions of Section 13, Bihar Money-lenders (Regulation of Transactions) Act, 1939, which provides inter alia that the Court shall before holding the sale hear the parties to the decree and estimate the value of the property and of that portion of such property the proceeds of the sale of which it considers will be sufficient to satisfy the decree.