Supreme Court of India
Desh Bandhu Gupta v. N L. Anand and Rajinder Singh
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the considered view that the. procedure adopted by the court in non-compliance of Order 21 Rule 66 and 67 is in flagrant breach of the mandatory provision.
Judgment, page 18
From the headnote
Civil Procedure Code, 1908: Order 21 Rules 66, 67 and 54 ( 1- )---Sale of property in satisfaction of Court decree-Service of notice on judgment debtor mandatory-Sale proclamation-Furnishing relevant and material par- ticulars-Need for---Court to apply its mind-Obligation of Court to state valuation given by both the parties-In the absence of notice failure on the part of judgment-Debtor would not preclude him from raising objections after sale. Section 47, Order 21 Rules 90, 17 (4), 64, 66 (2) and Appendix , Fann 27-Extent of property to be sold in execution-Should be only to such an extent
Authorities it was built on
Where later benches applied it
- 2012 Ram Kishun and Ors. v. State of U.P. and Ors.
- 2017 Chilamkurti Bala Subrahmanyam v. Samanthapudi Vijaya Lakshmi & Anr.
- 2011 Ashiwin S. Mehta & Anr. v. Union of India & Ors.
Of those, 1 relied on · 2 referred to
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