The court has the power to sell the property either after attachment or without attachment, as provided in S.51 (b) C. P. C.

1. The decreeholder-Kerala Ceramics Ltd., Kundara represented by its General Manager is the revision petitioner. In execution of a money decree obtained by the above decree holder an item of immovable property with a building was proclaimed for sale and purchased by him. But attachment was levied only on the compound and not the building. The building somehow was omitted from the attachment Schedule. So, at the time of delivery obstruction was put forward by the respondent one Joseph Sebastian, and thereupon the decree holder filed a petition praying for removal of the obstruction. The Subordinate judge has upheld the obstruction in respect of the building on the ground that the sale without attachment so far as the building is concerned is invalid. So, delivery was ordered only of the compound which is 13.500 cents in extent (excluding the building). The obstructor Sebastian has not appeared before this court to contest the petition. One Joseph Thomas alleging himself to be a purchaser from another obstructor, has got himself impleaded in this Court. But I do not think, he has any locus standi to contest the present Revision Petition which is against the order allowing Sebastian's obstruction in part.

2. The simple question arising for consideration is whether a sale without attachment is valid. S.51 (b) C. P. C. which relates to sale in execution reads:

"The Court may, on the application of the decree holder, order execution of the decree by attachment and sale or by sale without attachment of any property."

A court has thus power to first attach the property and then sell it, or to direct the sale of the property without any attachment, as has been held in Rahim Bux & Sons v. Firm Samiullah and Sons (AIR 1963 Allahabad 320) and various other decisions. The matter recently came before a Full Bench of the Andhra Pradesh High Court in P. E. R. Kishtiah. v. M. Pochiah (FB) (AIR 1967 Andhra Pradesh 148) and the learned judges, on a review of prior decisions on the point have observed:

"With great respect, we cannot accept the statement of law as being in consonance with our reading of the provisions of the Civil Procedure Code, and the requirements of S.47 of the Act. We may observe that there are many number of cases which have held that absence of attachment itself does not make a sale void. In such circumstances, attachment cannot be considered to be either an essential part of the sale or as a necessary step in the process of transfer. Attachment, in our view, is a remedy afforded to a decree holder for his own protection, and the protection of purchasers of the property to be sold. It consists in the case of immovable property merely in a prohibition by the court by which the judgment debtor is restrained from alienating the property previous to the court sales. An omission to attach the property cannot however, be an objection to its sale. It appears that a decision of the Full Bench of this Court in Satyanarayana Murthy v. Bhavanarayana 1957 Andh LT. 241: (AIR. 1957 Andhra 185) has evidently not been brought to the notice of the Bench in 19641 Andh WR. 319: (AIR. 1964 Andh Pra. 514). The Full Bench held that an attachment is not part of the process of 'Publication or conduct of the sale.' Bhimasankaram J. with whom Subba Rao, C. J. and Satyanarayana Raju, J (as they then were) agreed, observed at p. 251 (of Andh LT.) (at page 190 of AIR). It seems to me that the words 'conduct of sale' cannot be held to cover the anterior process of attachment. See Ramchhiabar v. Bechu Bhagat (1885) ILR. 7 All 641 at page 645. I find myself, therefore, in agreement with the view expressed by Satyanarayana Rao, J in Seshagiri Aiyar v. Valambal Ammal, AIR. 1952 Mad. 377 that under the Code the proceedings for sale start with an order for sale made by the court executing the decree under R.64. So, there can be no irregularity in the publication or conduct of the sale within the meaning of R.90 before an order for sale is made. It is