Law: Civil Procedure Code (V of 1908)

Section: 64,65,66,67,90,67(2)

(a) Civil Procedure Code (V of 1908)--- ----O. XXI, Rr. 64, 65, 66, 67, 90---Proclamation of sales by public auction---Mode of making proclamation---Guiding principle in the scheme of Order XXI, C.P.C. is to ensure appropriate publicity for Court auction sales so that a fair and reasonable price can be realized for the properties---Solitary underlying principle is that the properties must fetch the best possible price in the auction---Purpose and intention behind Rules 64 to 67 of Order XXI, C.P.C. stated. While attempting the sale of property of a debtor for execution and satisfaction of decree, wide publicity should be given to the proclamation of sale in order to fetch the highest and most handsome price for the property. Another purpose is to invite the maximum numbers of persons for participation in the auction proceedings through wide publications and the best course is the publication of auction notice in the vernacular newspapers to attract maximum participants. In todays advanced era of information technology and print and electronic media diversity and polarization, it seems to be totally illogical to avoid publication of proclamation in the newspapers and solely depend upon the beat of drum or other customary methods. Besides complying with other formalities, the publication of auction notice with the reserve price and other salient features must be published in the newspapers to attract the attention and participation of public at large, so that all interested persons may take part in the auction proceedings for submission of their bids before fall of the hammer which will maintain balance and will also protect the rights and liabilities of the parties. The fetching of fair market price through auction is not only in favour of decree holder to realize its debts but also in favour of debtor for discharging his debts, so while conducting an auction efforts should be made by the Executing Court that the provisions contained for proclamation and its publication should not be disregarded or unheeded to render such provisions redundant which have been incorporated by the legislature with logical purpose. The guiding principle or course of action…

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