AIR 1942 CALCUTTA 275

Calcutta High Court

Hon'ble Judge(s): B. K. Mukherjea, Roxburgh , JJ

Civil P.C. (5 of 1908) , O.21 R.67, O.21 R.68, O.21 R.69, O.21 R.90— R.67 to R.69 not complied with - Sale is not nullity - Non-compliance is material irregularity entitling aggrieved party to have it set aside under O.21, R.90 - Sale proclamation fixing 10th January 1938 as date of sale - Sale not held on 10th January owing to notice u/S.34, Bengal Agricultural Debtors' Act - On 10th January Court while adjourning sale putting off passing final orders till 15th on which date Court fixed date of sale - Omission to fix date of sale on 10th January held did not render sale nullity but was material irregularity within O.21, R.90. Failure to comply with the provisions of O. 21, Rr. 67 to 69 does not alone render a court sale a nullity. The aggrieved person can treat such non-compliance as a material irregularity and take proper steps to have the sale set aside on proof of substantial injury, under O. 21, Rule 90 : ('25) 12 AIR 1925 Cal. 201 and 16 Cal. 794, Not approved; ('21) 8 AIR 1921 Cal. 597 and ('38) 25 AIR 1938 Cal. 699, Rel. on.(Para 276C1) On the application of the decree-holder for execution, a sale proclamation was issued fixing 10th January 1938 as the date of the sale but the sale could not be held on 10th January 1938 because of fl the notice issued to the Court under S. 34, Bengal Agricultural Debtors' Act, and on th....