Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XXI, R.83(3)---Execution of decree---Sale of entire assets---Objection---Effect---Sale-in execution of decree was objected to by the -debtor on the ground that value of entire property (Mill) ordered to be sold was above four times of the decretal amount---Plea raised by the petitioner was to postpone the entire sale as the sale of only a part of assets would be sufficient to satisfy the entire decretal amount---Validity---Partial sale would be sufficient to cover the decretal amount---High Court accepted plea raised by the debtor and directed that proclamation of sale in respect of plant and machinery of the mills as well as other assets that were movable should be issued first---Separate bids for certain items of plant and machinery which were to be mentioned to the Nazir of the Court by the debtor had also to be invited---In case of shortfall in the decretal amount where -debtor had become unable to make up the deficiency, only then fresh order for issuance of proclamation of sale for the land and building of -debtor should be made. (b) Civil Procedure Code (V of 1908)--- ----O. XXI, R.83(3)---Execution of decree---Sale of assets---Disproportionate---Effect---Sale of assets should not be disproportionate to the object of execution proceedings, i.e., the discharge of the obligation under the decree---Judgment-debtor would be well within his right to oppose sale that was excessive, i.e., disproportionate to the amount sought to be recovered. (c) Civil Procedure Code (V of 1908)--- ----O. XXI, R.83(3)---Execution of decree---Sale of attached property---Delivery of possession and appointment of security guard---Effect---Decree-holder sought appointment of security guards at the sugar mills (attacked property) in order to secure the fixtures/fittings, plant and machinery and other equipments---Plea raised by the decree-holder was that the debtors had attempted to remove certain machineries and valuables in order to defeat the recovery of the decretal amount and the Nazir of the Court should be directed to take over possession of the mills and to prepare an inventory---Validity---High Court allowed applications filed…

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