Proclamation of sale

Order XXI, R. 66(1), C.P.C. is mandatory in nature whereby the auction of the property would not be held without proclamation

Object of proclamation is nothing but to have an open, fair and transparent auction in order to eliminate all chances of any maneuver at the cost of the rights and interests of the judgment debtor

Proclamation is, therefore, must and failure thereof would result in setting aside such exercise, unless the judgment debtor validates the same by open and clear stance

Any irregularity in drawing up the proclamation is procedural and directory in nature and unless the irregularity is complained to have resulted in serious prejudice to the judgment debtor, the irregularity would not be taken as fatal.

Purpose behind enactment of O. XXI, Rr. 54 & 66, C.P.C., was to give wide publicity to the sale of the property so that maximum number of people may turn up to participate in it and give bids that matched the price the property deserved.

Such omission would render proclamation to be illegal and make auction proceedings liable to be set aside.

Such omission would render proclamation to be illegal and make auction proceedings liable to be set aside.