Judgement

CHINNAPPA REDDY, J. : - M/s. Bhasin Film Corporation obtained a decree against the two appellants Shamiudin and Nasimudin for a sum of Rs. 1,44,973. In execution of the decree, 28/48 share in the Shalimar Cinema, Bhogal, New Delhi belonging to the judgment-debtors was sold on September 1, 1977 for a skim of Rs. 4,37,000. An, application to set aside the sale was dismissed by a learned single Judge of the High Court and the learned single Judges order was confirmed by a Division Bench. The judgment-debtors have preferred this appeal by special leave of this Court under Art. 136 of the Constitution.

2. Two principal submissions were made on behalf of the appellants. The first was that there was a total failure to comply with the requirements of O. XXI, R. 66 as no notice was given to the judgment-debtors of any application made by the decree-holders for settling the terms of the proclamation of sale. In fact, it was said that there was no application under O. XXI, R. 66 by the decree-holder to the court to settle the terms of the proclamation of sale. The second submission was that the sale was first held on August 29, 1977, but was not concluded. It was adjourned by the auct