Court sale stays invalid once the executing court orders a stay, even before the officer receives notice.

A court-conducted execution sale becomes invalid once the executing court stays the sale, even if the stay order has not yet been communicated to the ministerial officer conducting it. The officer acts as an instrument of the court, not as an ordinary agent whose authority continues until notice of revocation; once the stay is made, the legal basis for the sale ends and the officer becomes functus officio. Section 208 of the Indian Contract Act, 1872 was held inapplicable because the officer's authority depends on the court's subsisting power over the sale. The sale was therefore invalid despite the lack of prior communication of the stay.

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Issues: Whether a court sale conducted by a ministerial officer remains valid when the court has stayed the sale but the stay order has not yet been communicated to the officer.

Analysis: The officer conducting an execution sale was treated as a ministerial officer acting for the court, but not as an ordinary agent whose authority continues until notice of revocation is received. The court held that when the executing court stays or vacates the sale, the legal foundation for the sale disappears immediately and the officer becomes functus officio. Section 208 of the Indian Contract Act, 1872 was held inapplicable to such a court-sale situation because the authority of the sale officer is limited by the court's own power and ceases with the court's stay order. Practical inconvenience to third parties was acknowledged, but the legal position was said to require prompt communication by the court rather than continued authority in the officer after the stay order.

Conclusion: The sale was invalid even though the stay order had not been communicated to the sale officer before the auction.

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