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    <title>2008 (4) TMI 710 - Supreme Court</title>
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    <description>Execution sale of immovable property requires strict compliance with the Code&#039;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.</description>
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    <pubDate>Wed, 02 Apr 2008 00:00:00 +0530</pubDate>
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      <title>2008 (4) TMI 710 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=173117</link>
      <description>Execution sale of immovable property requires strict compliance with the Code&#039;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.</description>
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