MUHAMMAD YAQUB KHAN Vs. JAG SCH

JUDGEMENT

(1.) This is an appeal from an order by the Subordinate Judge of Muzaffarpur, rejecting an objection by the judgment-debtor under Section 47 and under Order 21, Rule 90, Civil P.C., to the sale of his properties which had taken place in execution of decree. The decretal sum now amounts to a sum of Rs. 4,42,000 odd. The ordinary execution proceedings were taken for the sale of a large amount of property belonging to the judgment debtor and the judgment-debtor received notice of the proceedings for settling the valuation to be placed on the properties in the sale proclamation.

(2.) He did not however appear in those proceedings, and the Subordinate Judge in fixing the valuation was obliged to rely upon the figures supplied by the decree- holder. Later on however before the sale could take place, the judgment-debtor took the matter in appeal on the question of valuation, which had been fixed by the Subordinate Judge, to the High Court and that appeal was rejected. It was pointed out that as the judgment-debtor had allowed the matter to go by default he had no grievance.

(3.) Furthermore in the course of the proceedings the judgment debtor asked for a postponement of the sale. He was granted the postponement and he agreed not to demand the issue of a fresh sale proclamation as a term for that adjournment which was granted. The sale took place and the parcels of property were knocked down to bidders and in nearly every case fetched sums which greatly exceeded the value as stated in the sale proclamation. The judgment-debtor then not being satisfied with the amounts that were received, although they were much larger than the amount stated in the sale proclamation, took these proceedings to have the sale set aside.