Law:

Section:

(a) Civil Procedure Code (V of 1908) O.XXI, Rr.64, 65 & 66 Execution of decree through sale of property Mandatory steps to be taken by Court before ordering sale of property by public auction Highlighted ¬Contravention of mandatory provisions of R.66 of O.XXI, C.P.C., would render sale unlawful Principles. Where a decree is to be executed and satisfied through sale of immovable property belonging to ¬ debtor, there are three mandatory steps, which the Court in terms of Order 21, Rules 64 to 66 is required to take. Firstly, to pass a specific order for sale of property sought to be sold. Secondly, to appoint the officer who shall conduct sale. Thirdly, to effect the conduct of sale in the manner prescribed, in Order XXI, rule 66, C.P.C. The provisions of Rule 66, Order XXI, C.P.C. are mandatory in nature and without settling and causing a proclamation of intended sale in terms of said Rule by the Court itself, no sale shall be considered to have been lawfully made. 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. This include the settlement of conditions etc., by Court itself or to approve those filed by parties after hearing them. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) Ss.19 & 22 Civil Procedure Code (V of 1908), O.XXI, R.66 Execution of decree by sale of mortgaged property ¬Objection as to sale of property Dismissal of objection petition and confirmation of sale Validity Two requisites of O.XXI, R.66, C.P.C., were met i.e. decision of sale of property and appointment of Court Auctioneer No order of Court available on record as to settlement of terms and conditions of sale and drawing of proclamation Court had not issued notice to debtor for causing of proclamation Decree holder had not filed proposed terms and conditions of sale alongwith execution application or subsequently Court had neither delegated nor could delegate powers to Court Auctioneer to draw terms and conditions and issue proclamation Court Auctioneer, thus, on his own, could not issue proclamation of sale…

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