JUDGMENT

OJHA, J.:— These two appeals by special leave raise an interesting question as to whether the provisions contained in Order 34 Rule 5 of Civil P.C. (hereinafter referred to as the Code) are attracted during the course of execution of an order of sale of mortgaged property passed under S. 32 of the State Financial Corporations Act, 1951 (hereinafter referred to as the Act). Necessary facts in order to appreciate the context in which this question arises may be stated in brief. Maganlal who is the appellant in Civil Appeal No. 2990 of 1980 executed a mortgage on July 16, 1965 in favour of M.P. State Financial Corporation (hereinafter referred to as the Corporation) as security for a loan taken by him from the Corporation. The amount of loan not having been paid by Maganlal the Corporation initiated proceedings under S. 31 of the Act for recovery of Rs. 51,799/-, which according to it was the amount due, by attachment and sale of the mortgaged property. This application was made as contemplated by Section 31 of the Act before the District Judge. After adopting the procedure contemplated by section 31 of the Act the District Judge passed an order for sale of the property which