AJODHIA PRASAD Vs. GOPI NATH

JUDGEMENT

(1.) This appeal arises under the following circumstances. A decree was obtained for Rs. 18,055. The decree-holder made an application for execution and certain property was advertised for sale. The decree-holder stated that the estimated value of the property was Rs. 6,880. This was a calculation based on the revenue. One Hulas Rai, a witness for the decree-holder, stated that he was prepared to buy the property for Rs. 27,000. The judgment-debtor objected and said that the property was worth Rs. 35,000. The Court estimated the value of the property at the sum which Hulas Rai stated he was prepared to give, namely, Rs. 27,000. The present appeal is from this order.

(2.) A preliminary objection is taken that no appeal lies and the case of Sivagami Achi v. Subrahmania Ayyar 27 M. 259 ; 14 M.L.T. 57 is cited. It is a Full Bench ruling of the Madras High Court and is exactly in point. I agree with this ruling. The appeal lies, if at all, because the question in the Court below related to the "execution discharge or satisfaction" of the decree within the meaning of Section 47 of the Code of Civil Procedure. I do not think that it can ever have been intended that matters of this description should be subject to an appeal. The Court judicially decides nothing. If an appeal lies in a case like the present, it would equally lie if the Court refused an application of judgment-debtor for the adjournment of the hearing of an execution objection. An order of the Court refusing such an application for an adjournment would have "related to the execution, satisfaction, or discharge" of the decree just as much and just as little.

(3.) I may mention in this connection how the question of the value of the property arose. Order XXI, Rule 66, sets forth the matters which shall be contained in a sale proclamation. The Rule is as follows: "Such proclamation shall be drawn up after notice to the decree-holder and the judgment-debtor, and shall state the time and place of sale and specify as fairly and accurately as possible (a) the property to be sold, (b) the revenue, etc., (c) any incumbrance to which the property is liable, (d) the amount for the recovery of which the sale is ordered, and (e) 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.