- (1.) This revision petition by the judgment debtor arises out of the orders of the Courts below confirming the sale of the immovable property by auction.
(2.) Suit of the respondent firm decree holder for recovery of about Rs. 53,000/- was decreed with future interest in the year 1984. The decree was finally confirmed in Regular Second Appeal on October 1, 1987.
(3.) The decree holder took out the execution of the decree by attachment and sale of the disputed land measuring 16 Kanals 5 Marlas belonging to the judgment debtor. Notice was served on the judgment debtor before attachment. Yet, no objections were raised with respect to the attachment. The land in dispute of the judgment debtor was attached vide order dated September 9, 1986. Notice for drawing up the proclamation of sale by auction under Order 21 Rule 66 of the code of Civil Procedure (hereinafter referred to as the 'Code') was served on the judgment debtor and the decree holder. Since the judgment debtor did not appear, he was ordered to be proceeded ex-parte. Schedule for auction was drawn. Date for fixation of the proclamation in Court premises, at the spot, and date of auction were fixed. No auction took place as scheduled as the judgment debtor applied for stay of the execution proceedings to the executing Court during the pendency of the appeal in terms of Order 41 Rule 6 of the Code. The executing Court dismissed the application and ordered the auction according to the schedule refixed in the presence of the counsel for the parties. July 1, 1987 was the date of auction fixed after complying with the fixing of proclamation of sale in the Court premises and at the spot. Further, a date for report of auction was fixed as July 23, 1987. In terms of the date notified in the proclamation of sale, the Naib Tehsildar auctioned the land in dispute at the spot on July 1, 1987. A number of persons participated in the bid and finally the auction purchaser gave the highest bid. The auctioneer accepted 1/4th of the bid. Resultantly, the auction-purchaser deposited the same on July 3, 1987. The balance consideration of 3/4th was deposited within fifteen days of the date of auction i.e. on July 10, 1987.;