Non-compliance with Rule 138 of the Karnataka Civil Rules of Practice results in no sale at all, and any sale held in contravention of the rule is considered null and void.

( 1 ) THIS is a revision by the petitioner against the order dated 24-3-1986 passed by the Principal munsiff, Arsikere, in Misc. 1 of 1986, dismissing the same.

( 2 ) THE respondent filed a suit for recovery of money against the petitioner in O. S. No. 175/76 on the file of the Principal Munsiff, Arsikere, and had obtained a decree. The respondent sued out execution in E. P. No. 133/77 for recovering the said decretal amount. He got attached the petitioner's properties. The properties were directed to be sold on 28/29-7-1978. The sale on the spot was held on 28-7-1978. The Court appeared to have made a note on 29-7-1978 that the bid was accepted. The revision petitioner filed an application LA. II on 29-7-1978 under Order 21 rule 90 of the C. P. C. That was dismissed. M. A. No. 59/ 1979 filed by him against the said order of dismissal of the Application. A. II under Order 21 Rule 90 of the C. P. C. was also dismissed on 14-3-1980. He approached this Court with C. R. P. 2760/80 and it was also dismissed on 28-3-1984.

( 3 ) THE sale was confirmed on 6-1-1979. The respondent filed an application in Misc. 28/1983 under Order 21 Rule 95 of the C. P. C. for delivery of sold property. The petitioner after he was served with the notice of Misc. 28/83 filed the present application Misc. 1/1986 on 1-1-1986 alleging that no sale was held in the Court at all and that there was no bid offered by the decree-holder or any one in the Court and thus Rule 138 of the Karnataka Civil Rules of practice, 1967 is violated and that the same is null and void, and sought for setting aside the sale.

( 4 ) IT was resisted by the respondent.

( 5 ) THE trial Court dismissed the revision petitioner's application under Section 47 of C. P. C. Hence, the revision.

( 6 ) THE trial Court has extracted the order in Execution Case No. 133/77 passed on 29-7-1978 and 6-1-79, thus : "29-7-78 : D. Hr. by Sri r. C. G. J. Dr. by Sri O. M. A. Sale warrant executed and Sri O. M. A. files application returned item No. 2 bid and under Order 21 Rule 90 purchased by D. Hr. S. CPC with affidavit and J. Nanjunda-ppa for Rs. 6250/-Dr. at. A. II objn. to. A. II and D. A. set-off, sale list Bid accepted, objn. to. A. II enclosed herewith. and confirmation by 2/9. 6-1-79 : D. Hr. by Sri R. C. B. J. Dr. is not present, no evidence is adduced on. A. II Hence. A. II is rejected. Sale confirmed. E. F. S. and closed. ". Dr. by Sri O. M. A. Ev. on. A..

( 7 ) RULE 138 of the Karnataka Civil Rules of Practice reads thus : "sale of immovable property shall ordinarily take place at the spot, subject to the condition that the final bid shall be offered before the presiding officer at the Court house. " rule 138 came up for interpretation before this Court in Krishnappa K. P. v. B Gangappa by Lrs. and Ors. , 1982 (1) KLJ 356. In para-6 of the said decision, this Court has held as : "in this case, the proclamation of sale also does not state that the final bid shall take place on 29-11-1971 before the Presiding Officer at the Court House. Rule 138 of the Rules referred to above is mandatory. It is intended to safeguard the interest of the judgment debtor whose immovable property is brought for sale. It is also intended to eliminate all possible malpractices which are likely to be adopted so as to knock down the property put up for sale by public auction at lower price. If the final bid is offered before the Presiding Officer at the Court House, even those persons who could not offer their bids at the spot for some reason or the other, will be able to offer their bids before the Presiding Officer of the Court at the Court House. There is solemnity attached to the proceeding before the Court and it is open for all those who are interested in purchasing the property put up for sale, to offer their bids. Thus, the conduct of final bid before the Presiding Officer at the Court House ensured not only the proper conduct of the sale in a free and solemn atmosphere, but it also enabl