Mandatory execution-sale procedure for immovable property: defective notice, valuation and proclamation can invalidate the auction sale.

Execution sale of immovable property requires strict compliance with the Code's mandatory stages of attachment, notice, proclamation and public auction. The text states that service of notice on the judgment-debtor under Order 21 Rule 54(1A) was not properly effected, notice under Order 21 Rule 66(2) was not personally served, the court did not value the property, and the sale proclamation was not drawn up or published according to procedure. These defects were treated as going to the root of the power to sell and as depriving the judgment-debtor of an effective opportunity to participate. The auction sale and its confirmation were therefore unsustainable.

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Issues: Whether the auction sale in execution was liable to be set aside for non-compliance with the mandatory requirements of notice to the judgment-debtor, valuation of the property, and proclamation of sale under Order 21 Rule 54 and Order 21 Rule 66 of the Code of Civil Procedure, 1908.

Analysis: In execution of a decree against immovable property, attachment, proclamation of sale, and sale by public auction are mandatory stages governed by the Code. The record did not disclose proper service of notice on the judgment-debtor under Order 21 Rule 54(1A). The court also found that the notice under Order 21 Rule 66(2) was not personally served, the property was not valued by the court as required, and the proclamation of sale was not drawn up and published in accordance with the statutory procedure. These omissions went to the root of the jurisdiction to sell the property and deprived the judgment-debtor of the opportunity to participate effectively in the sale process.

Conclusion: The auction sale and its confirmation could not be sustained and the appellant succeeded in challenging the execution sale.

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