Sale conducted after expiry of 30 days from proclamation - No ground is made out that by reason of the irregularity in not publishing the proclamation of sale JD sustained substantial injury - sale can't be set aside.

Citation

CDJ 2011 MHC 101

Ramaiya and others vs Krishnan and others

Head Note

Constitution of India - Article 227 - Civil Procedure Code - Order XXI Rules 54, 66, 67, 69, 90 - judgment debtors in suit are the revision petitioners - revision is filed to set aside the order of sale held in pursuance of E.P on the ground that provision under Order XXI, Rule 67 were not complied with so, the sale is a nullity - revision petition dismissed.

Cases Referred:
1. N.NATARAJA NADAR v. NOOR AHMED AND ANOTHER (AIR 1989 MADRAS 274)
2. MAHAKAL AUTOMOBILES v. KISHAN SWAROOP SHARMA ((2008) 13 SCC 113).
3. SAHEB KHAN v. MOHD. YOUSUFUDDIN AND OTHERS (AIR 2006 SC 1871 = (2006 4 SCC 476)
4. DHIRENDRA NATH v. SUDHIR CHANDRA (AIR 1964 SC 1300)
5. AIR 1964 SC 1300

Comparative Citation:
2011 (6) CTC 386