AIR 2005 ALLAHABAD 286 ::2005 ALL. L. J. 3073 ::2005 A I H C 4191 ::(2005) 3 CivilCourtC 564 ::2006 (2) All CJ 905 ::2005 (60) All LR 428 ::2005 (4) All WC 3219

Allahabad High Court

Hon'ble Judge(s): Yatindra Singh, R. K. Rastogi , JJ

(A) Civil P.C. (5 of 1908) , O.21 R.90— Auction sale - Setting aside of - Sale proclamation was served on cashier of petitioner - Auction sale cannot be set aside on ground that petitioner was not given information regarding auction sale. (Para 6 26) (B) Civil P.C. (5 of 1908) , O.21 R.90— Auction sale - Sale of attached property in lots - Not illegal. (Para 7 26) (C) Civil P.C. (5 of 1908) , O.21 R.90— Auction sale - Setting aside of - Petitioner was operating cold storage - As cold storage was not successful and there were arrears, petitioner's properties were attached - In auction proclamation, only labour dues were mentioned and not electricity dues - Omission to mention electricity dues - Cannot be ground for setting aside auction sale. (Para 8 26) (D) Civil P.C. (5 of 1908) , O.21 R.90— Auction sale - Setting aside of - Collector had calculated estimated value of property by multiplying area with circle rate - No illegality in calculating estimated value - Non-mentioning of estimated value of attached pr....