Order of dismissal of petition filed by decree holder not justified.

Order.-This is a civil revision petition against the order of the learned District Munsif of Krishnagiri in R.E.A. No. 187 of 1975 in R.E. No. 104 of 1974 in O.S. No. 204 of 1970. The decree-holder who filed the execution petition for sale of the properties of a judgment-debtor applied for permission to bid the properties in auction and set-off the decree amount. The learned District Munsif granted permission to bid and set-off unconditionally. However, the decree-holder did not participate in the auction and therefore there was no sale. Subsequently, the decree-holder filed R.E.A. No. 187 of 1975 to reduce the upset price. The learned District Munsif not only dismissed the petition to reduce to upset price, but also raised the attachment and dismissed the execution petition. This order of the learned District Munsif is thoroughly unjustified. The Court cannot dismiss an execution application merely because the decree-holder did not bid up to the price mentioned in the sale proclamation. The decree-holder cannot be compelled to bid up to any sum that may be fixed by the Court. Therefore, I find that the order dismissing the execution petition is unsustainable and must be set aside and is set aside.

2. The decree-holder is entitled to apply for a reduction of, the upset price. The valuation in the sale proclamation is intended to protect the judgment-debtor and to give information to the bidders in the auction-sale. It is not an exact estimate of the value of the property. Therefore, if there is no bid at the upset price fixed, it may be reduced in the interest of justice, if the executing Court is satisfied that the price fixed is too high. Therefore the order in R.E.A. No. 187 of 1975 is set aside and R.E.A. No. 187 of 1975 is remanded to the learned District Munsif of Krishnagiri for being dealt with according to law. The, civil revision petition is allowed to the extent indicated above. There will be no order as to costs.

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