Mandatory provisions of sale proclamation and conduct rules under Or. 21, Rule 66(1), Rule 138, and Rule 54(2) must be adhered to, and substantial injury caused by irregularities can lead to setting aside the sale.

( 1 ) THIS is an appeal by the judgment-Debtor No. 2 against the order dated 25-10-78 passed by III Addl. Civil Judge, Mysore in Ex. case No. 88/77 rejecting I. A. 12 filed by Judgment-Debtor ('jdr' for short) No. 2, under Or. 21, Rule 90, C. P. C.

( 2 ) THE sale was held on 30-6-78. One Shikshadevi, respondent No. 2 herein, bid the property for Rs. 50,000/- in the sale held in the Court and as she was the highest bidder, the bid was accepted.

( 3 ) JDR No. 2 filed the application under Or. 21, Rule 90 C. P. C. challenging the said sale alleging that the sale proclamation was bad in law as it was not published in Kannada. According to her, as the sale proclamation was issued in English, nobody came to know about the contents of the sale proclamation or about the publication of the sale proclamation. She has then urged that she was the owner of the property and her name had not been shown as owner in the sale proclamation. On the other hand, the sale proclamation showed the name of JDr No. 1 as owner. According to her, this dissuaded the people from coming to the Court to bid for the property. She then urged that the sale proclamation was not published with notice to the Corporation as required by Or. 21, Rule 54 (2 ). She then urged that the sale was not held on the spot as required under Rule 138 of the Civil Rules of Practice. The sale was held only in Court and, therefore, this also rendered the sale bad at law. She, further, contended that on account of this irregularity almost bordering on illegality, substantial injury was caused and hence she prayed for setting aside the sale.

( 4 ) THE said petition was resisted by the Decree-Holder and the auction purchaser.

( 5 ) THE trial Court dismissed the application. Hence, the appeal.

( 6 ) THE sale proclamation is in a printed form. It is printed in English. Even the blanks have been filled up in English. The object of sale proclamation is to inform the people that sale of a particular property is to be held on a particular day in a particular place. The sale proclamation is made to give all the information relating to the property to be sold. If the sale proclamation is to be published in English, it is as good as depriving a large majority of the people from coming to know about the property to be sold. O. 21, Rule 66 (1) reads as :" (1) Where any property is ordered to be sold by public auction in execution of a decree, the Court shall cause a proclamation of the intended sale to be made in the language of such Court. "admittedly, the language of the Court which issued the sale proclamation is Kannada. Therefore, the publication of the proclamation in English appears to violate the wholesome principle laid down by Or. 21, Rule 66 (1), C. P. C. This English printed form appears to be in existence since the beginning of this century. It is quite high time that steps are taken to print the sale proclamation in Kannada. Therefore, the non-publication of the proclamation in Kannada is also one of the circumstances which must have been responsible for the people not coming in numbers to bid at the sale, said to have been held in the Court.

( 7 ) THE sale proclamation makes a very interesting reading. It reads as :"in the absence of any order of postponement, the sale will be held by at the monthly sale commencing at 11 clock on the 30th June 1978 in Court. "whether 11 clock' means 11 a. m. or 11 p. m. is not made clear by it. Court means which Court is not also made clear. There are so many Courts in the City of Mysore. Therefore, the non-mention of the Court in which the sale is to be held is also a vital reason which also must have been responsible for people not coming in numbers to bid at the sale purported to have been held in the Court.

( 8 ) SRI. Datar learned counsel drew my attention to Rule 138 of the Civil Rules of Practice, which reads as :"sale of immoveable property shall ordinarily take place at the spot, subject to the condition that the final bi