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1959 Supreme(All) 147

S.S.DHAVAN
DWARKA DASS – Appellant
Versus
BHAWANI PRASAD – Respondent


Advocates Appeared:
D.D.Seth, K.C.SAXENA, R.S.PATHAK

S. S. DHAVAN, J.

( 1 ) THIS is a judgment-debtors appeal against an order of the learned Civil Judge, Bareilly rejecting his objections under Order XXI Rule 90 C. P. C. against the sale of his property in execution of a decree and confirming the sale.

( 2 ) MR. Singh, who argued the case for the appellant with ability, raised several contentions against the validity of the proclamation of sale which was made under Order XXI Rule 66 C. P. C. First, he stated that the value of the property had not been mentioned in the proclamation and urged that this is a material irregularity. But Order XXI, Rule 66, does not enjoin that the value of the property should be specified in the proclamation. Clause (e) of sub-Rule (2) requires that the proclamation shall specify "every other thing which the Court considers material for a purchaser to know in order to judge of the nature and value of the property. " The language of this clause shows that the Court is not required to specify the value of the property but only such materials which will enable the prospective purchaser to make his own estimate of its value. In fact, this clause impliedly suggests that it would not be proper for the court to














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