Appendix 'E' second para and the Court Rules also envisage the mandate It is a reminder to the court that it has a statutory duty to issue notice to the judgment debtor before settlement of the terms of proclamation of sale Form 24 of Appendix " E " second para and the Court Rules also envisage the mandate It is a reminder to the court that it has a statutory duty to issue notice to the judgment debtor before settlement of the terms of proclamation of sale Then only the proviso to Rule 66(2) comes into play dispensing with multiplicity of notices and not dispensation of mandatory compliance of notice to the judgment debtor Had it been a case where notice was served and the appellant lay by without objecting to the valuation given by the decree holder certainly that would be put against the appellant to impugn the irregularities after the sale or the under valuation settled by the Court in the proclamation of sale The further contentions of both the counsel that merely because there is no order under Order 21 Rule 66(2), it cannot be construed that the Execution Court had not applied its mind in settling the terms of the proclamation of sale is one on desperation Except giving a schedule of dates for conducting the sale the Execution Court totally abdicated its duty to scrupulously comply with the mandatory procedure and did not apply its mind to the mandatory duty cast on it by Order 21 Rule 66 to settle the terms to proclamation of sale, and proper publication under Rule 67 after 20,1979 the court had merely ensured its publication on the court notice board and on the site at the respective dates and no further This Court in Shalimar Cinema Vs Bhasin Film Corpn reported in 4

AIR 1987 SC 2081

All India Reporter, Supreme Court

Supreme Court of India

India

Cases Referring to this Case