The court must specify the value of the property as stated by the decree-holder and the judgment-debtor in the proclamation for sale and ensure that the judgment-debtor is not unduly harassed and reasonable means are adopted to secure a reasonable price for the property at the court sale.

1. This petition is to revise an order in O.S. No. 16 of 1955 on the file of District Court, Trivandrum, accepting the proclamation for sale submitted by the decree-holder. To the draft proclamation filed by the decree-holder several objections were taken by the judgment-debtors, such as

(1) That the estimated value of the property at Rs. 35,000/- is too low, the same being worth above Rs. 3,00,000/-.

(11) that the area of the property is really 71 cents and not 59 cents; and

(111) that the description of the property does not cover all the buildings thereon.

The court below has summarily rejected those objections and accepted the draft filed by the decree-holder.

2. O.21 R.66 CPC. as amended in Kerala requires a proclamation for sale to specify the value of the property as stated (i) by the decree-holder, and (ii) by the judgment-debtor. When the disparity in the prices mentioned by the two parties is substantial the court below ought to have incorporated both the prices in the proclamation as enjoined by the rule. It is stated by counsel for the judgment debtors and not disputed by counsel for the decree-holder, that the property to be proclaimed is situated in the heart of the city of Trivandrum. The extent of the property must then be a material factor that may influence the bid for the property at the auction. Likewise is the case with a description of all the buildings on the property proclaimed.

3. While proceeding against the property of a judgment-debtor for compulsory sale in execution, law and fairness require the court to ensure that the judgment-debtor is not unduly harassed in his misfortune and to adopt all reasonable means to secure a reasonable price for the property at the court sale. It is for this end that the details specified in 0.21 R.66 are prescribed to be set out in the proclamation. The prior conduct, if any, indicative of an obstructive tactics on the part of the judgment-debtor would not justify a disregard of the rather mandatory provisions of 0.21 R.66 CPC.

4. In the circumstances the order impugned is set aside and the court below directed to give an opportunity to the judgment-debtors to substantiate their objections to the proclamation and in any event to specify therein the value of the property as stated by the judgment-debtors and the decree-holder separately. The civil revision petition is thus allowed. No Costs.

Allowed.