JUDGMENT

Ainslie, J. - The judgment of the late learned Chief Justice Sir Barnes Peacock in the case of Okhoy Chunder Dutt v. Erskine 3 W.R. Mis. R. 11 may be quoted as showing that, in all cases in which a sale may be postponed to another day, it is necessary that the formalities required by law should he gone through afresh (unless it be that they have been waived by the parties themselves). He says--"It is exceedingly important that when an auction-sale is to take place in exection of a decree, a proclamation should be made, giving notice of the day on which the sale is to take place, so that intending purchasers may go and bid for the articles put up for sale, and Act VIII of 1869 is express on the point." he then goes on to quote Section 249.

2. The case then before the Court is, no doubt, somewhat different from the present case, inasmuch as in that case the postponement had been indefinite, whereas in the present case the postponement was to a certain fixed day. Still it appears to us that the principle applies, that in all cases the prescribed notice must be given in order that intending purchasers may he able to attend and bid at the sale, unless the giving of such notice is