AIR 1990 PUNJAB AND HARYANA 231

Punjab And Haryana High Court

Hon'ble Judge(s): S. S. Sodhi , J

Civil P.C. (5 of 1908) , O.21 R.34(2)— Judgment-debtor taking notice but not appearing proceeded against ex parte - Service of copy of draft sale deed on him under O.21, R.34 inviting his objections is only directory - Sale deed executed by Court Officer on orders would be valid - J.D. can be relieved only on proof of prejudice suffered. "Where the judgment-debtor does not appear despite notice and is proceeded against ex parte, the provisions of O.21, R.34 of the Civil P.C. that the Court shall cause a draft of the sale deed to be executed to be served upon the judgment-debtor for inviting his objections, if any, to it, must be held to be merely directory and non-compliance thereof will not vitiate the sale deed executed under orders of the court unless the judgment-debtor is able to show that prejudice was caused to him by the draft sale deed not being served upon him and opportunity thereby being denied to him to file his objections against it".(Para 5)