Law: Civil Procedure Code (V of 1908)

Section: O.XXI,R.66,85,84,65

Law: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)

Section: 19

(a) Civil Procedure Code (V of 1908)--- ----O. XXI, R. 66---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S.19---Execution of decree with or without intervention of court---Mode---Scope---Suit upon announcement of and decree by court would stand converted into execution proceedings automatically---Court had discretion to adopt any mode for execution of decree---Court or financial institution once having opted and invoked provision of O.XXI, C.P.C. could not later on avoid its express provisions relating to auction proceedings and issuance of public notice of sale through newspapers---Duty of court would be to protect rights of -debtor by trying to fetch appropriate price through sale of his properties and would avoid its sale at throwaway price---Principles. (b) Civil Procedure Code (V of 1908)--- ----O. XXI, R. 66---Execution proceedings---Sale of property by public auction---Essential conditions---Such sale, if made without fulfilling mandatory requirements of O. XXI, R. 66, C.P.C., would be unlawful and liable to be set aside---Principles. Provisions of Order XXI, Rule 66, C.P.C. are mandatory in nature and without fulfilling basic requirements, if auction is taken place, it would not be considered to have been lawfully made. The absence of mandatory notice to the -debtors under Order XXI, Rule 66, C.P.C. is by itself sufficient for setting aside the court auction. Before calling upon Court Auctioneer to conduct auction, duty of Executing Court is to have satisfied itself that mandatory notice has been issued to -debtors. Such contravention of provisions of Order XXI, Rule 66, C.P.C. by Executing Court would vitiate entire proceedings including sale, which is nullity in eyes of law. The word "cause" appearing in Rule 66, Order XXI, C.P.C. requires a specific order of court, which produces the effect of drawing the proclamation envisaging the terms and conditions of sale. Thus, includes the settlement of conditions etc., by court itself or to approve those filed by parties after hearing them. It is duty of the court to cause to be made a proclamation of sale. Such proclamation must be drawn after notice to the debter. Intention of…

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