1986 Supreme(MP) 719

IN THE HIGH COURT OF MADHYA PRADESH
P.C. Pathak, J.
Laxmichand - Applicant
Vs.
Ganesh Shankar - Respondent
C.R. No. 243 of 1986 (I)
Decided On : 31-07-1986

Headnote:Civil Procedure Code, 1908 – O.21, R.66 – sale proclamation – valuation cannot be put merely as indication by decree – holder – valuation put by judgment – debtor – cannot be ignored without assigning any reason.

        Short Note

       The Judgment – debtor/defendant has come up in revision against the order dated 18 – 7 – 1986, passed by the Executing Court, whereby the said Court declined to mention the value of the property, proclaimed for sale, as indicated by the judgment – debtor.

       2. Held: Learned counsel for the applicant drew my attention to Gajadhar Prasad v. Bhakta Ratan (AIR 1973 SC 2593) wherein it was held ;

       "Mere mention by the execution Court in the sale proclamation, of the valuation of the properties (Sought to be attached) as stated by the decree – holder, without assigning any reason for the non – mention of the valuation as put by the judgment debtor was material irregularity when the judgment – debtor suffered substantial injury by the sale."

       3. Learned counsel for non – applicant No.1 admitted before me that according to sale statement submitted by him, the value of the property sought to be auctioned is Rs. 1,50,000/ – , whereas the sale proclamation mentioned merely Rs. 50,000/ – . On the face of this mistake, there is no escape from the conclusion that the sale proclamation issued by the Court below suffers from a serious illegality. AIR 1973 SC 2593 followed. Revision allowed.