Code of Civil Procedure, 1908 – Order XXI Rule 66 – Proclamation of sale by public auction – When a Court fixes the upset price of the property to be sold in the sale proclamation, normally purchasers will form an opinion on the basis of it. So also once the upset price is fixed, there is no purpose in incorporating the contentions of the JD in the proclamation because it is by evaluating the contentions of the JD that usually Court fixes the upset price.
Code of Civil Procedure, 1908 – Order XXI Rule 66 – Proclamation of sale by public auction – If a part of the property is sufficient to meet the decree debt, there is a duty cast upon the Court to fix the extent of property to be sold with specifications like boundaries, survey number etc. for identification of the property to the auction purchasers.
Citations : 2021 (4) KCC 41 : 2021 (4) KHC 450 : 2021 (4) KLT 473